Posts

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. Marjet Groenleer answers the top 10 most frequently asked questions about divorce for expats living in the Netherlands.

Read more

Recognising foreign spousal maintence decisions

What if a court in America or Switzerland or elsewhere has made a ruling on spousal maintenance and you want to invoke it to claim against their assets in the Netherlands?

Read more

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.

Read more

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?

Read more

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.

Read more

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?

Read more

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.

Read more

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.

Read more

Maintenance payments by entrepreneurs: why we’re getting it wrong

When a married couple gets a divorce, in most cases one of the spouses ends up paying the ex-spouse maintenance. Individuals who are entrepreneurs often end up paying their ex-spouse the wrong amount of maintenance. This is due to cash flows being disregarded or not given sufficient consideration. So how SHOULD the courts calculate maintenance?

Read more

When does Dutch law apply to divorce (part 2)?

Part 1 of this series addressed the application of the Dutch Matrimonial Property Law on the division or settlement of property and assets between spouses in international divorce. This is of special interest for expats in divorce. In part 2 we are going to focus on the effect of the law on maintenance.

Does Dutch law apply to maintenance?

The law applicable to maintenance can be different from the law that applies to the Matrimonial Property Regime.

Child maintenance

Based on The Hague Protocol 2007, the law of the usual country of residence of the person entitled to receiving maintenance is applicable for determining child maintenance. If a Dutch judge receives such a request and the children live in the Netherlands,  the Court will determine child maintenance according to Dutch law.

Spousal maintenance

Based on the protocol mentioned above, in the case of spousal maintenance, the law of the usual country of residence of the person entitled to receiving maintenance applies. There is, however, one exception. If the person obliged to pay spousal maintenance contests this law and the marriage has a closer tie to another country, then that law applies.

The protocol primarily considered the last country in which the parties had a common residence. Numerous factors play a role, such as the location where the marriage took place. Other factors are the length of residence of the spouses in the different countries, their nationality, etc. This possibility to exception can lead to lengthy discussions in international divorce. This holds especially for expats that often have a closer tie to the country of their common nationality.

Be well informed when it comes to maintenance payments. The differences between countries are enormous, especially where spousal maintenance is concerned. The length of the maintenance obligation differs, as well as the amount. In Norway, for example, spousal maintenance does not exist.

Contact

If you are an expat living in the Netherlands and you are involved in an international divorce, please do not hesitate to contact us for advice on how to find the best solution.

 

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

Many of those paying their ex-spouse maintenance (alimony) hope their obligation to do so will stop, once their ex moves in with a new partner. However, things are not as simple as that.

Read more

Changes in international family law

In the EU, most matters of international family law are regulated by the European Commission. The Commission draws upon the Hague Conference on International Private Law. Recently, legislative efforts in Brussels and The Hague have resulted in three significant changes. These changes will reshape some core aspects of international family law.

Read more