Living abroad as an expat comes with many exciting opportunities, but also unexpected legal complexities, especially when it comes to family matters. If you are an expat residing in the Netherlands and are considering divorce, separation, or have a dispute involving children or finances, your legal position may be more flexible - and more powerful - than you realise. Understanding how international factors influence your family law case is essential.
Family matters are rarely simple, especially for expats
Whether you're married, in a registered partnership, or cohabiting, breaking up is rarely straightforward. For expats, however, these situations can become even more layered. Issues like spousal support, child custody, child support, property division, and even relocation with children can raise unique questions when at least one party is living abroad or holds a foreign nationality.
Unlike people who live and work in their country of birth their entire lives, expats bring an international element into the legal equation, which can mean more options, but also more complexity.
Why your status as an expat matters
Let’s say you got married in your country of origin and moved to the Netherlands one year ago. You may now wish to file for divorce. Surprisingly to some, you can often initiate divorce proceedings in the Netherlands, even though the marriage took place elsewhere.
But here’s where it gets interesting: you might also still have the option to divorce in your country of origin or the country of your nationality. And this choice matters. The country where you file can affect which laws apply to your case, and therefore, what outcomes are possible.
Many expats are unaware that choosing a particular country to file in can influence whether they can claim or must pay spousal support. It can also affect how property is divided and how parental responsibilities are handled.
Get personalised legal advice concerning family matters
The two key legal questions every court must ask
In any international family law case, the first question a Dutch court must answer is: Do we have jurisdiction to hear this case? If the court decides it does not have jurisdiction, the case can be dismissed entirely, regardless of its merit.
If the court does find that it is competent to rule, it then moves to the second key question: Which country’s law should we apply? Here’s where it gets even more nuanced. Just because a Dutch judge hears your case doesn’t mean Dutch law will be applied. In fact, it is quite common for Dutch courts to apply foreign law, especially in expat cases.
That makes it crucial for your lawyer to be able to inform and assist the Dutch judge with the content and consequences of that foreign law.
Even within the EU, legal systems differ drastically. Laws on spousal maintenance, division of assets, child custody, and child support can vary significantly from country to country.
Navigating the web of rules
The Netherlands applies a variety of international treaties and EU regulations that determine which court has jurisdiction and which law applies. These rules are designed to bring consistency, but in practice, they often create multiple strategic options for expats.
In many cases, it's possible to steer the direction of your case by choosing where to file proceedings or even by filing different types of requests in different countries.
For example, a court in one country might be the best place to handle financial matters, while a court in another country might offer more favourable outcomes for child custody arrangements.
Why legal advice at an early stage is extremely important
Due to these international complexities, obtaining legal advice early is crucial to ensure your case is handled effectively and efficiently. Before filing any court petition, whether in the Netherlands or elsewhere, it's wise to sit down with a family lawyer who understands international family law and the expat context.
Together, you can identify your goals and then assess the best legal route to achieve them. Sometimes, that might mean filing in the Netherlands; other times, it may be wiser to initiate proceedings in another country.
Proper legal guidance helps you avoid unnecessary delays, prevents unfavourable legal outcomes, and gives you the confidence to make informed choices.
Are you an expat in the Netherlands facing a divorce or family-related dispute? Do you want to know your legal position and explore your options? Siham Maachi assists many expats with tailored legal strategies that take both Dutch and international law into account. Feel free to reach out for her personalised advice. Together, you can map out the legal path that best supports your future.