International family law   in this day and age.

If you are a Dutch expat living abroad and are considering divorce, or if your partner wants to divorce you, we can advise you on the consequences and, if necessary, assist you in the proceedings. Sometimes financial disputes over assets and maintenance have to be settled under a law other than Dutch law. It is important to be well informed about the consequences of an international divorce.

If you are Dutch but your spouse is of another nationality, or if you were married abroad, your assets may have to be settled under a law other than Dutch law. We can advise you on this. Our worldwide contacts enable us to act quickly and to obtain advice on foreign law if necessary.

It is always annoying when you are faced with a situation where your ex-partner does not pay or does not pay enough. If your ex lives abroad, the situation is even more difficult. Fortunately, we in the European Union have now agreed on a set of rules for the international recovery of maintenance payments, which makes things a little easier. In each EU member state, for example, there is a central authority that deals with the international recovery of maintenance payments. In the Netherlands, this is the LBIO. Agreements have also been concluded with a number of countries outside the EU. For example, the Netherlands is a party to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The international recovery of maintenance is complex because the internal rules of each country are different. It is always advisable to seek advice from a lawyer. We can be of assistance if required.

If you are obliged to pay alimony and there has been a change in your circumstances which means that you are unable to pay alimony or have to pay less alimony, we can advise you on the possibilities of modifying your alimony obligation. Preferably, we will liaise with (the lawyer of) your ex-partner in order to modify the alimony by mutual agreement. If this is not possible, we will apply to the court on your behalf. In principle, the place of residence of the person receiving alimony is decisive for the modification of international alimony, unless you and your ex-partner have agreed otherwise in a divorce settlement or a prenuptial agreement.

Children have the right to maintain regular contact with both parents. This is set out in the International Convention on the Rights of the Child. It is only in exceptional circumstances, when the safety and well-being of the child is at risk, that contact between a parent and a child is withheld. This is even more the case for custodial parents. The parent with whom the child lives has a duty to encourage contact between the other parent and the child. If a parent fails to do so, the authorities must make every effort to facilitate contact. A (possible) lack of co-operation between the parents does not justify the authorities in not taking appropriate measures to maintain family ties. Therefore, if your ex-partner prevents contact between you and your child without a legitimate reason, you can ask the court to set up a care arrangement in which contact between you and your child is determined by the court. This also applies if you live abroad and your ex-partner has moved to the Netherlands with the children, with or without your consent. Of course, it is better to talk to each other and come to an agreement yourself. We can advise you on this and, if necessary, assist you in the proceedings.

In the Netherlands, when parents have joint custody, they make joint decisions on important matters concerning their children. This includes moving abroad. If your ex-partner does not give permission, you can apply to the court for substitute permission to move abroad with the children. In order to be successful, it is important to show that there is a need to move abroad. Not every move abroad will be granted by the court. You should also have a well thought out plan, particularly in relation to maintaining contact with the parent left behind. We can advise you on this.

In the Netherlands, when parents have joint custody, they make joint decisions on important matters concerning their children. This also applies to moving abroad.
In order for such a request to be successful, it is important for your ex to prove that there is a need to move abroad. Not every move abroad will be granted by the court. Your ex should also have a well thought-out plan, particularly as regards maintaining contact between you and the children.

This depends on the way in which the prenuptial agreement was drawn up. In principle, judges in the Netherlands will consider a prenuptial agreement to be valid if it meets the legal requirements of the country in which it was made, is in writing and is signed by both parties. In the event of a divorce, the Dutch court will base its division of assets on the agreements made by you and your partner in the prenuptial agreement.

In everyday life, it is not always clear to your landlord or a business partner, for example, that you have a prenuptial agreement. That is why Dutch prenuptial agreements are registered in the matrimonial property register. This can also be consulted by third parties. If you get married abroad and have a prenuptial agreement, your landlord or business partner in the Netherlands will not be able to see this. Under the law, your landlord or business partner can then assume that you are married under the Dutch community property system (from 1 January 2018, the limited community property system). You can avoid this by having a Dutch notary draw up an abbreviated prenuptial agreement stating that you have concluded a foreign prenuptial agreement and that therefore Dutch law does not apply to your matrimonial property regime. The notary will register this abbreviated prenuptial agreement in the matrimonial property register, which will prevent third parties from automatically assuming that you are married with joint property.