Five divorce issues for expats

What should you bear in mind if you want to divorce

If you are an expat living in the Netherlands and you are considering getting a divorce, then you will obviously want to know what you should and, in particular, should not do. We have therefore prepared this brochure, drawing attention to five major divorce issues with a view to preventing you from making the wrong decisions. The focus here is on expats who live in the Netherlands for their work. This is often a temporary situation. Important! Think very carefully before going to court to settle your divorce. The fact is that you can make specific arrangements through consultation, whereas a court of law is limited to awarding or denying claims. Whilst the outcome of court proceedings is always uncertain, arrangements made between spouses are laid down in agreements.

1. Duration of residence in the Netherlands

The law that is applicable to your matrimonial property can depend on the number of years you have lived in the Netherlands. This is certainly the case if you were married after 1992. If you have been living in the Netherlands for ten years or more, it may mean that Dutch law applies to the settlement of your matrimonial property. This does not, however, mean that if you then leave the Netherlands after ten years the applicable law then automatically changes again. This is a complicated issue.

2. 12 years’ matrimonial maintenance

Under Dutch law, matrimonial maintenance is paid for 12 years or more. This is quite different from the duration and rules that apply in neighbouring countries.

3. How the applicable law is determined for each matter

When couples divorce, various matters have to be arranged. Examples of these are finances and arrangements concerning any children. The law that applies to matters involving international aspects has to be decided for each matter individually. It is therefore quite common for Dutch courts to have to apply foreign law in a divorce case.

4. Dutch law applies to decisions on children

In principle, as long as you continue to live in the Netherlands Dutch law applies to all matters concerning your children (maintenance, custody and care arrangements). The fact is that a Dutch court is in the best position to make a quick decision on what arrangements would be in your children’s best interests. If you and your partner have the same nationality, your divorce itself and its financial aspects can, however, be arranged in your country of origin.

5. No simple return home after a divorce

We can imagine that you may want to return to your country of origin following your divorce. However, that is not so simple if you have children. If you both have custody of your children, then you will require your former partner’s permission to return home. If you do not request permission to return to your country of origin then you could be unintentionally guilty of child abduction, with all the attendant consequences. It is important for you not only to be aware of the above issues, but also to obtain expert advice. LINK Advocaten examines the various options appropriate to your specific situation. We specialise in advising expats who divorce in the Netherlands and Dutch expats abroad.
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