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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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Inheritance law for expats in the Netherlands – key considerations

Inheritance is fundamentally a difficult subject to think about, but as an expat with family in other countries, it can be even harder as you have to deal with contradictory and confusing international laws during a difficult time. Here are some key considerations to simplify inheritance law for expats living in the Netherlands.

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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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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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Spell it out and let them know

When abroad, the death of a friend or colleague brings home to you how much trouble unfinished business can add to sorrow. For lasting peace of mind, dare to take the extra step and review the scenario you’d prefer in the case of your untimely demise: draw up a last will and make things easy for those you love.

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Using DNA to prove a hereditary right

It is possible that when a father has passed away and his estate has already been divided, someone comes forward claiming to be his son or daughter. Apparently, the deceased fathered this child without anyone (possibly not even the deceased himself) knowing about his or her existence.

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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.

 

When does Dutch law apply to divorce (part 1)?

If you have moved to the Netherlands, you may be in for some surprises when filing for divorce. For instance, it may turn out that you are married in community of property. Couples often are not aware of this until one of them files for divorce.

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Tax aspects in international divorce

It is important for one to be familiar with the tax aspects of an international divorce when filing for divorce. Thus, it is advisable to seek tax advice during (international) divorce proceedings.

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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.

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