Tag Archive for: Divorce

How do divorce proceedings work in the Netherlands?

If you live and work in the Netherlands as an expat, you may also be able to divorce in the Netherlands. This article discusses how divorce proceedings work in the Netherlands.

Divorcing in the Netherlands

In the Netherlands, a divorce is pronounced by the district court, after the petition for divorce has been filed by a attorney. In some cases, the process towards pronouncing the divorce is done in writing and in other cases a court hearing takes place first. This is explained below.

Making arrangements

If you are getting divorced in the Netherlands, a number of things need to be arranged. If you have children, agreements must be made about the children. If it is possible to make agreements about the children (main residence, care arrangement, child support), the agreements are recorded in a parenting plan. Financial matters (possible spousal support, division of assets and pension) should also be agreed upon as part of the divorce proceedings. If agreements can be made, the financial arrangements will be laid down in a divorce agreement.

Once you have agreed on the above issues and both agreements have been signed, the agreements can be sent to the court together with a short petition for divorce by a attorney. In this case, the divorce proceedings are in principle in writing: parties and attorneys do not have to appear at court. Within a few weeks of filing the petition for divorce with the signed agreements, the court sends the written divorce order to the attorney(s).

Court proceedings

If it is not possible to reach (complete) agreements, divorce proceedings can be initiated at the court. This is done by one of the parties filing a petition for divorce with the court through a attorney. The petition is then served on the other party via the bailiff, after which the other party is given a deadline to file a defence against the petition. In this statement of defence, this party may also make its own requests.

Next, the first party is given a time limit by the court to file a defence against the second party’s requests. After this, all procedural documents have been filed and the court will schedule the case for a hearing. Given the waiting times at the courts, this may take some time. The court will then request from both parties and attorneys the days on which they are unable to attend a hearing (so that the hearing is not scheduled during a holiday, for example), after which the parties will receive an invitation to the hearing.

As there may be some time between the submission of procedural documents (petition and statements of defence) and the date of the hearing and things may have changed in the meantime, the parties are given the opportunity to submit any further/recent documents up to 10 days before the court hearing. The hearing then takes place, after which the court issues a written decision (often four weeks after the hearing date).

More information

Do you have any questions about divorce? Or need advice about your personal situation? Please feel free to contact us.

Division of assets and debts in case of a Dutch community of property upon divorce

If you do not have Dutch nationality and/or were married abroad, but you did start living in the Netherlands shortly after the marriage and you did not agree on a prenuptial agreement, chances are that by default you are married in a Dutch community of property.

This blog explains what the Dutch community of property means for your assets and debts (you may or may not have known about) in case of divorce.

Full or limited community of property

If you were married before 1 January 2018, you may have been married in full community of property under Dutch law. This means that all assets and debts, both obtained or incurred before the marriage and during the marriage, are joint (excluding inheritances and gifts obtained under exclusion clauses). All assets and debts are divided equally in case of divorce.

If you were married after 1 January 2018, you may have been married under Dutch law in limited community of property. In that case, premarital debts and assets are private. In case of divorce, (only) the debts and assets accrued during the marriage are divided equally (excluding inheritances and gifts obtained during the marriage).

Ascription of assets

In practice, the question is regularly asked whether assets acquired by one of the spouses and in the name of this one spouse also falls within the community of property. The answer to this is yes. The ascription of an asset is not relevant for the Dutch community of property. Even if assets/debt are only in the name of one of the spouses, these assets/debt fall within the community of property and must be divided equally in case of divorce.

Debts

As mentioned above, (former) spouses should bear a debt that falls into the community by halves. This is also the case if the debt was incurred by the other spouse and is only in his/her name. Only in exceptional cases this obligation to pay for the debt 50%-50% can be deviated from. The basic principle is that you are jointly responsible for repaying the debt.

A more specific practical example is if one of the spouses has a sole proprietorship (eenmanszaak) that falls into the community of property and from which one or both spouses perform(s) labour. Legally, a sole proprietorship does not have separate assets. Assets and debts of the business fall into the community and are the responsibility of both spouses.

It regularly happens that a debt arises in the sole proprietorship, for example to the tax authorities because no or too little (income) tax was paid. Especially if only one of the spouses worked from this sole proprietorship, discussions may arise in the context of the divorce about which spouse should pay off the debt. Here too, the starting point is that both (ex)spouses pay off half of the debt after the divorce, as it falls into the community of property. Moreover, if the debt arose because of underpayment of tax, both spouses often lived on the higher income as a family.

Conclusion

In short, if one spouse works from a sole proprietorship that does fall into the Dutch community of property, the above is something to consider. If you want to avoid dividing assets and debts of the sole proprietorship by halves upon divorce, you can contact a notary in your area to get more information on this.

More information

Do you have questions after reading this article or about divorce in general? Please feel free to contact us. 

Carefully Consider Before Deciding to Divorce

Applying for a divorce is a significant step, and in the Netherlands, only a judge can pronounce it. But before you take this step, it’s important to consider a few essential questions.

Only a judge can pronounce a divorce

In the Netherlands, asking for a divorce is straightforward, only a judge can pronounce a divorce, and all you need to declare is that the marriage is irretrievably broken. No need for examples or explanations. Despite seeming “easy” (apart from the other complex divorce-related issues such as parental authority, alimony, and property settlement ), it’s a good idea to ponder some questions before you decide to part ways.


How to make the decision

The biggest question is: do you still have love for your partner? If “yes” is your answer and you believe your marriage can be salvaged, think about getting counseling or therapy. Have a heart-to-heart. Dig into the reasons behind the potential split. Is the marriage beyond repair? If so, fixing it might be out of reach. Are you deciding based on feelings or facts? Decisions made in the heat of the moment may not last, but too much logic can make a relationship feel trapped and cold. Is that the outcome you’re aiming for?

Advice

Planning and getting professional advice can be crucial in your decision-making process. Your social circle matters too. Who can you count on for support post-divorce? Chat with a few trusted friends or relatives who can offer solid advice. And don’t overlook your job. You might find support through work, like flexible hours for family emergencies.

Lawyer or mediator

Once you’ve mulled over everything and if divorce still seems like the only or best option, be sure to engage a seasoned family lawyer sooner rather than later. Opt for a lawyer who’s part of the Dutch vFAS, the association of lawyer-mediators. vFAS-affiliated lawyer-mediators are experts in divorce and relationship breakdowns. They aim to settle divorces amicably, ideally working things out with your partner’s lawyer.

More information

Thinking about splitting up? Don’t hesitate to contact me or one of our other specialized family lawyers/mediators.

May you waive spousal support?

Can you agree to waive spousal maintenance before marriage?

In my practice as a divorce lawyer, I frequently deal with international divorces. Part of a divorce may include the subject of spousal maintenance: upon divorce, one of the spouses may be entitled to maintenance payments.

In this blog, I discuss whether an agreement entered into before or during the marriage stipulating that spousal support may not be requested in the event of divorce, is legally valid. So, may you waive spousal support?

Dutch agreement

In the Netherlands, it is possible to go to a notary before or during a marriage and draw up prenuptial agreements. Agreements in a prenuptial agreement can be made about the financial consequences of a divorce. In the Netherlands, however, it is not possible to agree in a prenuptial agreement that partner maintenance cannot be asked for in case of divorce. This was recently confirmed by the Supreme Court (ECLI:NL:HR:2022:1724). The Supreme Court ruled that – despite the existing freedom of contract – it is not possible to agree on a nil clause before marriage. Such a nil clause violates Article 1:400 paragraph 2 of the Dutch Civil Code. This article stipulates that a contract may not waive maintenance due under the law.

The foregoing also has a social implication. The stage of life in which prenuptial agreements are made is often a different one from that in which the divorce takes place. At the start of the marriage, it is often impossible to foresee what choices will be made and also what health will look like. This is only possible at the time of divorce.

In short, in the Netherlands it is not possible to waive spousal maintenance by agreement.

Foreign agreement

If you have drawn up an agreement abroad, however, in some cases it may be possible to exclude spousal support in case of divorce. To do so, however, several requirements must be met.

An agreement with a nil partner maintenance clause is only legally valid in the Netherlands if a foreign law is designated as applicable law in the agreement. Moreover, you cannot designate every law as applicable. In accordance with Article 8 of the 2007 Hague Alimony Protocol, there must be a connection with the law designated as applicable law. In addition, the designated applicable law – unlike Dutch law – must have the possibility to agree on a nil clause before the marriage. Furthermore, Article 8 mentioned above requires that both parties have full knowledge and awareness of the consequences of their choice at the time of concluding the agreement. In addition, application of the designated law must not lead to manifestly unfair or unreasonable consequences for one of the parties.

In short, in some cases, an agreement entered into abroad may well result in no spousal support upon divorce in the Netherlands. However, this requires several requirements to be met. Thus, because of these requirements, when divorce is imminent, you cannot designate an arbitrary law because it has a nil clause.

To conclude

May you waive spousal support? In principle, it is not possible to agree by an agreement that no spousal support can be requested in case of divorce. In international situation and if various requirements are required, an agreement with a nil clause for partner alimony may still be legally valid in the Netherlands.

More information

Do you have a legal question or need more information? If so, please contact us directly.

The main rule is the ‘first shot rule’

If you and/ or your partner want a divorce, and your circumstances are international, you should ensure that you are aware of your options. Did you know that it is possible for courts in two different countries to have jurisdiction? And did you know that they can both pronounce the divorce? For instance, if you are both Dutch nationals and you live abroad. Or if one or both of you live in the Netherlands and one or both of you is not a Dutch national. The main rule here is the first shot rule. In other words, the court of the country in which divorce proceedings are first initiated is authorised to pronounce the divorce. This rule was confirmed in a 24 May 2022, ruling by the Amsterdam Court of Appeal (ECLI:NL:GHAMS:2022:1542).

Two divorce proceedings in two different countries

In the above case, the spouses were married in India. The wife has Dutch and Pakistani nationality and lives in the Netherlands. The husband has Indian nationality and lives in India. The husband initiated divorce proceedings in India on 5 May 2015. Divorce has not been pronounced in India as yet. The wife filed for divorce in the Netherlands on 10 August 2020.

The main rule is the ‘first shot rule’

If divorce proceedings have been initiated in two different countries, the principle of lis pendens applies in the Netherlands. This means that a decision on the same issue cannot be made by a court in two different countries. Does a situation arise where proceedings on the same subject – in this case, divorce – are pending in two different countries? Then the rule is that if the proceedings were brought last in the Netherlands, the Dutch court must stay the case until it is decided by the other court. Once the foreign court has rendered a judgement and this judgement is recognised in the Netherlands and can be enforced, the Dutch court declines jurisdiction.

Exception to the rule

The principle of lis pendens was invoked in the Amsterdam Court of Appeal decision mentioned above. In this case, the ‘first’ petition for divorce had been filed by the husband in India seven years ago. It was unknown when a final decision would be made in those proceedings. Let alone whether this would be in the foreseeable future. The husband was in a position to further delay the proceedings in India. Given this, the wife had a compelling interest in continuing the divorce proceedings in the Netherlands. As there were no further reasons why the decision in India should be awaited, the court — in derogation of the principle of lis pendens — did not stay the decision on the divorce pending a judgment in India. Despite the fact that the proceedings in India were initiated earlier, it upheld the judgement of the court granting the divorce.

In conclusion

It is very important in an international situation to check whether courts in multiple countries have jurisdiction over the divorce. This applies irrespective of the exception made by the Amsterdam Court of Appeal to the ‘first shot rule’. This particularly relevant if you prefer to have the divorce proceedings take place in one of the two countries and you are concerned that your partner may have a preference for another country. In that case, it may be wise to start the proceedings in your preferred country on short notice, to avoid the decision being made in the other country.

More information

If you and/ or your partner want to get a divorce, you will need the assistance of a lawyer. You should make sure you are well informed by a lawyer. If you need assistance with your divorce,please do not hesitate to contact me.

Spousal alimony in divorce proceedings in the Netherlands

Are you married and you are heading for divorce (or dissolution of registered partnership)? Then you may need to pay your spouse spousal alimony. However, when it comes to international divorces (a divorce with an international element for example by different nationalities or when you live abroad), it is not uncommon that foreign law will apply. If foreign law applies, you have to ask for advice from a lawyer abroad. Today we will discuss spousal alimony in divorce proceedings in the Netherlands.

Applicable law

When the divorce proceeding takes places in the Netherlands, the Dutch court does not automatically apply Dutch law to spousal alimony requests. What law applies depends on your personal circumstances. However, in general (from a Dutch perspective on the international private law) the main rule is that the law applies of the country where the alimony creditor has their habitual residence. There are exceptions to this rule.

Do you and your spouse both live in the Netherlands? Then it is likely that Dutch law applies to your alimony request. Whether your spouse is eligible for spousal support depends on the financial situation of you and your spouse.

Spousal alimony

When Dutch law applies, the starting point with spousal alimony is that your (soon to be ex-) spouse can continue to live in a reasonably suitable position also after the divorce. This means that when your spouse could fulfil her own needs and can live in a reasonably suitable position also after the divorce, he or she might not be eligible to spousal alimony. To find out, you need to do a calculation, mainly based on your income.

Spousal alimony is calculated on the basis of, (1) the need of the maintenance creditor (the person claiming alimony), (2) what is the alimony creditor earning and does the alimony use their earning capacity and (3) the ability to pay of the maintenance debtor (the person who should pay alimony). This is specialist work. Knowledge of the law, case law and practical experience are essential for this.

Waiving the right of spousal alimony

In the event of divorce (or dissolution of registered partnership) it is possible to waive the right of spousal alimony. However, you and your spouse need to agree on this.  You also need to lay this arrangement down in a (divorce)agreement.

Can you exclude the right to spousal alimony in case of divorce by prenuptial agreement? The answer is no. The Supreme Court ruled in November 2022 (and in line with previous case law) that such agreements are null and void. If you have included such paragraphs in prenuptial agreements, the agreement is not valid.

Even if you have included in the prenuptial agreement that all the (marital) assets remain separate, your spouse can still apply for spousal alimony. This also applies to the situation where your spouse receives part of your assets from the matrimonial property settlement.

At the end of the marriage in the event of divorce, a person’s eligibility for spousal alimony is only assessed. When calculating spousal alimony, it will also be necessary to consider whether it is reasonable. For example, your spouse must also do it’s best to use his/her earning capacity. If there is a large asset, the alimony creditor may have to intervene to fulfil his/her own needs. This depends on your personal circumstances.

To conclude

Are you wondering how much spousal alimony you have to pay to your spouse in the event of a divorce? Or would like to have more guidance? At GMW lawyers we specialise in advising and calculating both spousal- as child alimony. Please contact us if you have any legal questions. We are happy to help.

Divorce and exclusion clauses under Dutch law: inheritances

There is no global consensus as how to best divide the assets of divorcing couples. Thus, there are sharp differences between the divorce laws across countries. Expats in the Netherlands are often in for a big surprise when they discover they have to share their inheritances with their (former) spouse. Read this article to learn about divorce and exclusion clauses under Dutch law.

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Marital property law in the European Union

When it comes to the settlement of marital property, in the case of divorce, death, inheritance and gifts, it is not uncommon for foreign law to apply. However, when it comes to marital property law in the European Union you might wonder which law applies.

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International divorce: cross-border legal cooperation

GMW lawyers and the Legal Expat Desk serve clients across the globe. Cross-border legal cooperation in the practice of law is reflected in the growing number of divorce cases with an international dimension. GMW lawyers represents expats who, for example, want to arrange their divorce in the Netherlands. Or the ones who are forced to do so by their spouse.

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Spousal alimony: when the receiving ex moves in with a new partner

Many of those paying spousal alimony hope their obligation to do so will stop, when the receiving ex moves in with a new partner. However, things are not as simple as that.

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Pension given low priority in international divorce cases

In almost all divorce cases, the division of retirement pension is one of the last things married couples think about, particularly in the case of international divorces where the spouses’ priorities lie elsewhere.

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Can a Dutch couple abroad always get a divorce in the Netherlands?

Previous blog posts (here and here) mainly focused on whether foreign nationals living in the Netherlands can file for divorce in the Netherlands. This blog post will look at Dutch nationals living abroad and competency of the Dutch court.

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International divorce: in which country should proceedings be conducted?

Marriages can have an international dimension, due to e.g. nationality or place of residence. The question then arises where divorce proceedings should be conducted.

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International divorce in the Netherlands

If you’ve already made the decision to get divorced, the next step is discovering your options. While many divorce arrangements must still be agreed, the good news is that obtaining a divorce is easier in the Netherlands.

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Divorce for expats in the Netherlands 2021

Key legal information about divorce in 2021 and 4 reasons to get divorced in the Netherlands.

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Child maintenance 2021

What you need to know about child maintenance in the Netherlands in 2021 from maintenance specialist Dylan Bertsch.

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Partner alimony 2021

Everything you need to know about partner alimony in the Netherlands in 2021 from divorce and alimony expert Dylan Bertsch.

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Expats and adjustment of maintenance

You live in the Netherlands as a divorced expat. At the time of the divorce, you and your ex-partner made agreements about child maintenance and/or partner alimony (maintenance), or a decision was taken by the court. However, as an expat in the Netherlands, there is a good chance that your situation will change. Below is a discussion of what a change in your situation means for the maintenance you receive or pay.

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The new normal – legally speaking

So much has changed in our day-to-day lives since “corona” became part of our vocabulary that it’s easy to believe that everything is different. So has this crisis fundamentally changed your legal rights in the Netherlands? Our legal experts summarise what you need to know.

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Divorce in the Netherlands 2020 – what you need to know

Relationships can change at any stage of our lives, including while living in another country. If the time comes to get divorced, understanding your legal rights will help you achieve the best possible outcome.

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The (not so) amicable truth about divorce

Many people believe that they will be able to make the end of their relationship civil – but unfortunately, this does not always happen. Instead, escalating hurt and anger cause hostility and make communication difficult. In such circumstances, the divorce process is anything but friendly. This is where a good divorce lawyer can help.

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How to get divorced in the Netherlands – a guide for expats

If you want to get divorced, and you live in the Netherlands, you need to:

  1. Confirm if you can get divorced in the Netherlands
  2. Get a lawyer. You cannot represent yourself.
  3. Find out how to get the best possible divorce. This includes making specific agreements about your children and other important matters.
  4. Go through the legal process of a divorce.

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Why you don’t need a reason to get divorced in the Netherlands

According to Dutch law, it doesn’t matter why you want to get divorced. This fact surprises many expats. Antoine de Werd of GMW lawyers explains why this rule in Dutch law exists, and what it means for you.

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Divorce and inheritance news for expats

Are you an international (expat) in the Netherlands? Are you going through a divorce? Have you received an inheritance or gift? If your answer to these questions is yes, read on…

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Top 10 FAQ about divorce in the Netherlands for expats

The world is global, and so are today’s marriages. When it comes to getting divorced this can make it complicated – but for those who wish to divorce in the Netherlands, there are 10 tips which help keep it simple. Get answers to the top 10 most frequently asked questions about divorce for expats living in the Netherlands.

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Help! My ex-partner took my child abroad, what can I do?

The world is global, and so are today’s relationships. With more and more children born into international relationships, the number of travelling families grows. This explains the increase of the number of child abductions. So what can you do if you are the left-behind parent?

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Same-sex marriage & divorce

Is it always possible for homosexual couples to file a divorce in the Netherlands? Since 2001, Dutch law recognises marriage between two persons of the same sex. With recognition of same-sex marriage, the Netherlands also offers the possibility for same-sex couples to file for divorce.

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Attention divorcing Aussies!

Suppose you are an Australian, now living in The Netherlands. While you were living in Australia, you got married. During your marriage, you received an inheritance following your parents’ death in Australia. You’re now facing divorce in The Netherlands. Do you have to share your inheritance with your ex?

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Divorce: nowhere easier than in the Netherlands

There are an enormous number of things that make up a divorce. Not only the divorce petition itself, but also various further arrangements which the spouses need to agree upon. These include the parental contact, maintenance (alimony) and the allocation of assets. Agreeing on divorce arrangements is no easier in the Netherlands than any other country. However, obtaining a divorce in the Netherlands is easier.

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Pay your ex-partner’s divorce costs?

Most Dutch marriages are still based on community of property. But who pays the lawyers’ costs in the event of a divorce? Does this come under the marital estate or do the spouses pay their own costs?

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When does Dutch law apply to divorce?

Although Dutch divorce law stipulates rules about pensions, for internationals in the Netherlands going through a divorce, it may very well be that a different law is applied to the question of spousal maintenance from the law applied to the matrimonial property. In order to determine which law should be applied in respect of maintenance we need to consult other sources besides the Hague Marriage Convention of 1978.

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Moving without your partner’s consent

If you share parental authority of your children with your ex-partner, moving into a new home with them is not straightforward and moving abroad without the consent of your ex-partner’s is viewed as child abduction.

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Statutory indexation of child and spousal alimony

Each year, the Minister of Justice determines the alimony index. For 2018, due to inflation, the percentage is 1.5%. This means that the allowance concluded in your divorce convenant or court order has an automatic increase of 1.5% as of January 1, 2018. This percentage is based on the labor price index, determined by Statistics Netherlands (Centraal Bureau voor de Statistiek/CBS).

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A divorce under common law in the Netherlands

In most European countries, the legal system is based on Roman law, with the law laid down in codes. In Anglo-American countries, the law, known as common law is laid down in jurisprudence based on customary law. Countries such as the United States, the United Kingdom and Australia have a legal system based on customary law. In practice, this difference in approach can cause problems in divorce cases involving both legal systems.

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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?

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International and Dutch matrimonial law Q&A

One of the less obvious effects of globalisation is the growing number of international marriages worldwide. Online news platform Lawyer Monthly did an interview with international family law expert Antoine de Werd from GMW lawyers, The Hague, the Netherlands. The interview was about the marital property regime as well as issues of competence and applicable law in divorce cases in The Netherlands.

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Affairs and other grounds for divorce

Many people still believe that the courts are interested in the grounds for divorce. This is a common misconception because the truth is, the courts do not care about the reasons for divorce.

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September 8, 2017: The Day of Divorce

Friday, September 8, 2017 is the Day of Divorce. This is a day when you can obtain information about divorce from specialist lawyers.

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Internationals filing for divorce in the Netherlands

Internationals filing for divorce in the Netherlands are often stunned by the far-reaching financial consequences of Dutch marital property law, more specifically the Dutch ‘regime of community of assets and property’.

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Travelling abroad with children

Don’t be caught unprepared at the airport if you’re flying with your children. Learn what the rules are for travelling abroad with your children.

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Maintenance calculation for internationals part 4: allowances & high costs

The third blog within the series on maintenance calculation for internationals listed the allowances which internationals usually receive. Against most allowances, there are high costs associated with the existence of an international. How are these taken into account?

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Maintenance calculation for internationals part 3: partner maintenance

The previous two blogs on maintenance calculation for internationals focused on the costs of the children (blog 1 and blog 2). This third post in the series focuses on partner maintenance (alimony), which is determined by the available means in the marriage.

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Maintenance calculation internationals part 2: extra costs for children

Part 1 of this blog series on maintenance calculation for internationals talked about maintenance for children of internationals. After a divorce within an international family, often the ex-spouses spread over different countries. Contact between the non-caring parent and his/her children therefore incurs more costs than compliance with contact arrangements within national borders. How does the maintenance (alimony) calculation deal with these extra costs?

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Maintenance calculation part 1: children of internationals

Many foreigners live and work in the Netherlands. Particularly in The Hague and surrounding areas, there are many international organisations and companies, including EPO, Estec, OPCW, NATO, ICC, the tribunals as well as Shell and Siemens.

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Child abduction by a parent: it happens more often than one might think

What is child abduction?

In legal terms, child abduction is the removal of a child from his or her habitual place of residence by one of the parents or custodial parent, without the consent and agreement of the (other) custodian or parent. Although it might not be immediately obvious, not returning the child on time, as agreed, after a holiday abroad or after a family visit to the country of origin also counts as child abduction. The same holds for expat families living in The Netherlands for short periods of time or for families living apart most of the time. In these cases, establishing the habitual place of residence of a child is more difficult than may seem at first sight.

Recent case law indicates an increase in the number of child abduction cases. Although each case has its unique circumstances, the increased dynamics of the global work force may be one reason for this development.

The Hague Convention on the Civil Aspects of International Child Abduction 

The Hague Convention on the Civil Aspects of International Child Abduction (1980) is a legal tool. It is meant to help a/the custodial parent regain access to the abducted child. This tool facilitates the return of the minor to his or her habitual place of residence. By appointing a Central Authority in each country, the signatory parties have agreed to co-operate towards the immediate return of the abducted child to his or her habitual place of residence.

The custodial parent can seek assistance from the Central Authority of his or her country of residence. This can be done within one year from the date of abduction. Upon this request, the Central Authority will contact the Central Authority in the country where the child has been removed to. This, in order to quickly return the child to its habitual place of residence. It is advisable, however, that the parent also notifies the police, filing an official complaint for abduction.

Sadly, abductions also happen in countries that are not signatory parties to the Convention. As awareness on such cases has grown internationally, case law catches up with reality. Even when a child has been held in a country that is not a signatory to the Convention against the will of the other custodian parent, quite often they manage to negotiate the return of the child via diplomatic channels. Needless to say, but good to reiterate: countries that are not signatories to the Convention are under no obligation to co-operate.

Is the Central Authority to lose its monopoly position in the near future?

The Eerste Kamer (Dutch Senate) has received a draft law asking to end the monopoly position of the Central Authority in cases of international child abduction. The custodial parent whose child has been abducted might soon be able to take action by hiring a specialised lawyer, should the draft law be passed. This would hopefully speed up proceedings, as well as widening the spectrum of available legal tools.

The mere thought of having to deal with child abduction is harrowing. Prevention is always better than having to resort to cure. Abduction might be prevented by hiding the children’s passports, keeping the channels of communication with the inlaws open or informing the police. It is essential that the parents’ problems remain negotiable; cross-border mediation has prooved to be succesful.

Don’t hesitate to contact us if your child has been abducted, if you are contemplating the abduction of your child or if you are aware of a situation where child abductions occur. Our lawyers have extensive expertise in dealing with cases of international child abduction and are happy to assist you.

 

Relocation after divorce: are the children coming or not?

Is a divorced parent permitted to relocate with his or her child without the consent of the other parent? The answer to this question largely depends on the facts and circumstances of the case in question.

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Proof of cohabitation and the duty to pay maintenance: it remains difficult!

It remains a frustrating situation when you are almost positive that your ex-partner is cohabiting but cannot actually prove it. Then you must continue to pay maintenance (alimony). Anyone can imagine that this frustration is hard to swallow.

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Powers of the Dutch family court with regard to Dutch children abroad

A previous blog post discussed the obstacles encountered by Dutch nationals living abroad wishing to arrange their divorce in the Netherlands. In principle, filing for divorce in the Netherlands when abroad is only possible when both spouses have Dutch nationality.

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Developments in international marital property law

In which country can international couples apply for divorce and which law applies? When filing for divorce, couples are often confronted with surprises, especially when it comes to the division of property.

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Relocating with children following the breakdown of a relationship

As society becomes increasingly international, more and more people are forming international relationships. This comes with the added risk that, following a divorce, one of the parents will want to return to his or her home country. Also here in the Netherlands, we are dealing with a growing number of relocation cases, often due to people finding a new love in another part of the country.

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