Misconceptions in international family law
More and more, people find love across the border. They fall in love with someone living abroad or with a different nationality. While the relationship flourishes all is fine, but what if the marriage fails?
Divorce is a difficult process in many ways – a low point in anyone’s life. On top of this, an international divorce involves extra complications. People have various questions concerning divorce. So, what are the biggest misconceptions when it comes to international divorce?
Most people are unfamiliar with Dutch International Private Law. Consequently, there are various misconceptions concerning the possibilities for divorce and divorce settlement:
1. The divorce settlement will take place in the country of my marriage.
In the Netherlands, the place in which the marriage was contracted is not relevant to the competence of the court nor to the applicable law.
2. Returning to my home country with the children isn’t child abduction.
It is not child abduction if you have the permission of the other parent (who has custody) to leave. However, he or she might not give his/her consent. In this case, you have the possibility – and the duty – to ask the court for substitute consent.
3. Any lawyer is able to handle international divorces.
No, family law is a discipline of its own. Thus, hiring a specialised family lawyer is an absolute must. Specifically, involving a lawyer with an international family practice would be beneficial.
4. If divorce takes place in the Netherlands, this will be settled according to Dutch law.
No, for each individual subject the court determines which law is applicable. This is based on various national and international rules – this could even be a foreign legal system.
5. I don’t need to respond to documents from foreign courts because they can’t affect me.
No, this is not true, please do respond. Ignoring such documents can lead to a foreign Court Order being made in which, for example, you are to pay sky-high alimony. In most cases execution of a Court Order like this takes place in the Netherlands.
6. The reason for divorce matters.
According to Dutch law it isn’t relevant. In some countries, for example the UK, the reason for divorce could be important for the arrangement of alimony or division of assets. However, in the Netherlands it is not.
This article was updated November 2017.
Susan studied Law at the Erasmus University Rotterdam. She has worked as a lawyer since 1986 and gained an immense amount of experience in dealing with the full range of matrimonial and separation issues in international divorces. Susan joined GMW lawyers in 2011 and is a member of the Family Mediators Association.
Susan is an expert in contested financial disputes both in and outside court. One of her key strengths is the ability to empower her clients so they can understand and take control of the process, and forward constructively, especially for the children’s sake. She further specialises in strongly contested residence, contact disputes and is experienced in dealing with the legal aspects of child abduction.
Susan frequently acts for parents whose children have been taken abroad illegally and assists in obtaining their return.