Internationals filing for divorce in the Netherlands
Internationals filing for divorce in the Netherlands are often taken aback by the far‑reaching financial consequences of Dutch matrimonial property law. In particular the Dutch regime of (a limited) community of property.
In the Netherlands, for marriages with an international dimension, there are strict rules determining whether the marriage in question is governed by Dutch matrimonial property law or by the corresponding law of another country. The following example illustrates why it is so important to be aware of this.
Example
A British couple, married in 1994, moves to the Netherlands in 1998 and has lived there ever since. Which matrimonial property law applies during which period?
Strange as it may seem, English law applies to the first 14 years of their marriage (1994 to 2008). After 2008, once they have been resident in the Netherlands for 10 years, the Dutch community of property regime applies to their matrimonial assets. This means that, in the unfortunate event of a divorce in 2010, all assets and debts acquired after 2008 must be divided between the spouses.
The financial consequences are significant. They would have been completely different if the couple had divorced before 2008.
What can you do to avoid this?
You can avoid the community of property regime by entering into a prenuptial agreement with your spouse. In this contract, you designate which country’s law applies to your matrimonial property regime. If Dutch law applies, concluding a pre‑ or post‑nuptial agreement prevents your assets from becoming (a limited) community property. Upon dissolution of the marriage by divorce, assets and debts are divided in accordance with the terms of the contract.
Dutch nationals living abroad
In addition, Dutch nationals living abroad often assume that the Dutch community of property regime applies to their matrimonial assets if they married in the Netherlands and did not conclude a prenuptial agreement. However, this might not be the case and can lead to complex and confusing situations. A Dutch couple married under Dutch law but divorcing in another country may find that the private international law rules of the country of residence override the provisions of Dutch family law. This is often to the detriment of one or both parties.
Conclusion
Whether you are an international living in the Netherlands or a Dutch national living abroad and filing for divorce, it is essential to be aware of the different rules on matrimonial property. This knowledge can help you avoid unpleasant surprises and unnecessary complications.
More information
If you have any further questions regarding your matrimonial property, please do not hesitate to contact us.
