Can expats divorce in the netherlands?
- Who needs a formal separation?
- Who can get divorced in The Netherlands?
- Is Dutch Law applicable to my divorce
- Can I submit my application directly to the court?
- When am I officially divorced?
- Resources
- Contact
Who needs a formal, legal separation?
If you’re in a marriage or registered partnership that is recognised by the Dutch government then you will need a legal separation. You will need your divorce documentation in order to arrange the issues like the mortgage, child support and alimony.
Cohabiting Partners
Partners who have a cohabitation agreement don’t need a legal separation, the cohabitation agreement contains the terms for ending the agreement and partners should follow those guidelines when ending the cohabitation.
Partners with children who cohabit and then separate are legally required to formulate a parenting plan.
Parents can use online templates or ask the help of an advocate or mediator, this help is especially useful in determining the amounts required to maintain the current lifestyle of the children once the household splits. The parenting plan can be submitted to a notary to make up a notarial deed, it then acquires legal validity.
Who can get divorced in The Netherlands
Couples who are married or in a registered partnership who live in the Netherlands can get divorced in the Netherlands.
Foreigners
Residents with Non-Dutch nationality can get divorced in the Netherlands if one of the following conditions are satisfied:
-You or your partner live in The Netherlands. If you do, you can apply for a joint divorce.
-You can apply for a one-sided divorce if you have lived in The Netherlands for one year or longer.
Registered Partnership
Couples can end a registered partnership in the following ways:
The couple jointly ends the registered partnership
An official for Marital Status ends the partnership and registers it in the BRP, this doesn’t require involving the courts.
If the couple doesn’t agree to the end of the partnership
A judge ends the registered partnership
If a couple has single or joint authority of a minor child
A judge ends the registered partnership
Is Dutch law applicable to my marriage?
Expat divorce is possible if partners choose to apply Dutch law to their divorce. The law article that addresses this issue states that partners should make it known that they wish to apply Dutch law to their divorce. In practice this means that the couple includes a line in their divorce application (covenant) that states this fact.
Here is an English summation of the article in the Dutch Law that deals with this matter.
Article 10: 56 BW
| From the Lawbook | Simplified |
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1. Whether dissolution of the marriage or legal separation can be pronounced and on what grounds, is determined by Dutch law. |
1. Dutch law determines whether a couple can divorce |
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2. By way of exception to paragraph 1, the law of the state of a common foreign nationality of the spouses is applied if in the case: |
2. Rule one (above) can be ignored if spouses have the same foreign nationality and:
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a. the spouses have jointly chosen this law or such a choice by one of the spouses has remained uncontested; or |
a. partners have jointly asked for their foreign nationality law to be applied or one partner has requested it and the other partner has not declined it. |
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b. one of the spouses has chosen this law and both spouses have a real social bond with the country of that common nationality. |
b. one partner has requested it and both partners have a real social bond with that country. |
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3. A choice of law as referred to in the previous paragraph must have been made expressly or must otherwise be sufficiently clear from the wording used in the petition or the statement of defence. |
3. Partners choose which law they would like to have applied to their divorce and make it clear in their divorce application. |
Why does it matter if Dutch law is applicable?
Unless Dutch law is applicable a Dutch judge won’t rule on your divorce, since he is not competent to rule on your case.
If you would like to settle your divorce in the Netherlands you have to get divorced under Dutch Law.
Can I submit my divorce application directly to the court?
No; couples who wish to divorce do so with the help of an advocate or mediator. The advocate or mediator submits your divorce application to the court on your behalf.
Mediators and advocates know the legal and documentary requirements to submit to the court. They are also responsible for communicating to the couple what they’re legally entitled to and the fiscal consequences of the decisions they make when they divorce.
When am I officially divorced?
After the judge rules and issues the verdict of divorce, ex-partners can sign the Akte van Berusting, this is a document stating the parties will not contest the verdict.
After this, the divorce is registered in the BRP. Once the divorce is registered the divorce is official.
Resources
Here are some links to more information on the topics discussed above,
Remember to use the translate function on your browser if you need to!
How can I separate from my partner?
https://www.rijksoverheid.nl/onderwerpen/scheiden/vraag-en-antwoord/manieren-om-te-scheiden
Separation for cohabiting couples
https://rechtwijzer.nl/uit-elkaar/samen-scheiden/werkt-scheiding-samenwonen/
Is Dutch law applicable to my marriage?
https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBDHA:2021:13892
https://maxius.nl/burgerlijk-wetboek-boek-10/boek10/titel3/afdeling4
Contact
Is some of this information incomplete or unclear?
Do you have a different question you’d like some help with?
We’re specialised in expat divorce and here for you, please write us at info@familymediationdelft.nl
Would you like to try mediation for free? Send us an email and we’ll set up an appointment for you.