Divorcing in the Netherlands as an expat: The key legal issues
Divorce is never simple. When you've built a life in the Netherlands as an expat, with a foreign spouse, children born abroad and assets across borders, it can become one of the most legally complex situations you can face.
Law & More helps international clients through this.
Which country's law governs your divorce?
Dutch courts usually have legal authority (i.e. jurisdiction) during a divorce when both spouses normally live (gewone verblijfplaats) in the Netherlands. If only one spouse lives in the Netherlands, a mandatory residence period applies. This means they must live in the Netherlands for a required period before a Dutch court can hear the case, usually six months for Dutch nationals and 12 months for everyone else.
Which court hears your case (jurisdiction) is completely separate from which country's legal rules apply (applicable law). The Netherlands does not take part in standard EU rules for choosing divorce law (Rome III Regulation), so a court in the Netherlands will normally apply Dutch divorce law, even when neither spouse is Dutch.
Spouses who share a nationality other than Dutch can, under certain circumstances, officially choose in writing the law of their home country instead.
Parental authority and relocation with children
The Dutch concept ouderlijk gezag, typically translated as parental authority, is distinct from where the child lives and how care is divided. Which country's court handles child arrangements generally depends on where the child normally lives, based on international child protection treaties.
Parents of minor children are legally required to file a parenting plan (ouderschapsplan), signed by both parents, covering care schedules, decision-making and child support costs.
Neither parent should relocate a child abroad without the other’s consent or the court’s permission. Depending on the circumstances, doing so can constitute illegal child abduction under the 1980 Hague Child Abduction Convention. Mediation with proper legal advice suits many cases, although not all.
Dividing international assets and pension rights
Where you married does not automatically determine how your property and assets will be split in a divorce. Both your first shared home country (habitual residence) and nationalities are taken into account, along with whether you agreed in writing on which law applies, under the 1978 Hague Convention or, for marriages from January 29, 2019, EU Regulation 2016/1103.
Where Dutch law applies, as long as no prenuptial agreement says otherwise, marriages entered into before January 1, 2018 fall under the statutory full community of property. This means that all assets and debts, whether acquired before or during the marriage, including inheritances and gifts, are split 50/50.
From January 1, 2018 onward, the default is a limited community of property, which excludes pre-marital assets, as well as personal gifts and inheritances.
Pension rights in a divorce are easily overlooked. Under the Dutch pension-sharing rules, a spouse is entitled to half of the old-age pension accrued during the marriage, subject to exceptions and agreements. Foreign pension providers cannot always give effect to a Dutch decision, and you must notify the provider within two years if you want your share paid directly to you.
Your residence permit after divorce
If your right to live here depends on your spouse, divorce can affect your permit. If you are married to an EU citizen, keeping your permit is possible if the marriage lasted at least three years (including one year in the Netherlands) and you meet basic legal conditions.
If your permit depends on a non-EU spouse, getting an independent permit generally requires a longer period of lawful residence, with exceptions for specific situations like domestic violence. Do not let your permit lapse while you wait.
Who can help?
Law & More is a Dutch law firm in Amsterdam and Eindhoven with a dedicated international family law practice. Their multilingual lawyers handle expat divorce from start to finish: applicable law, children, pensions and residence permits.