An international divorce presents unique legal and practical challenges. Whether you live in the Netherlands and your partner lives abroad, or you are of different nationalities, it is important to understand how international family law affects your divorce. At Delissen Martens, we are ready to guide you through this process and to help you find the solutions that are best suited to your situation.
What is an International Divorce?
A divorce is considered international when there is an international element to the divorce. This may be the case when:
- one of the partners lives abroad or you both live abroad;
- you both have different nationalities;
- there is property or assets abroad.
In such cases, international treaties and foreign law play an important role, and it is crucial that you are assisted by a lawyer with expertise in international family law.
Which law is applied?
One of the first questions that arises in an international divorce is which law applies. This can depend on several factors, such as:
- the domicile of both partners.
- The nationality of the partners.
Important aspects of an international divorce
International divorces can present several challenges, including:
- Children and Parenting Plan: When children are involved, issues such as custody, care arrangement and maintenance need to be carefully arranged, especially when parents live in different countries.
- Wealth and Property: Dividing international marital assets, such as property abroad, requires specific knowledge of both Dutch and foreign law. For this purpose, we have access to expertise through our extensive international network of specialised family lawyers
- Maintenance: both partner and child maintenance may be subject to different rules, depending on the country in which you live or work.
- Pension: whether accrued old-age pension should be equalised or offset in case of divorce is determined by the law that also applies to property settlement. This may be Dutch law or foreign law.
Need legal advice in an international divorce?
From filing for divorce to finalizing agreements on alimony, property division and child care, Delissen Martens can guide you through the entire process. Even when multiple jurisdictions are involved, our goal is to protect your interests and find the smoothest solution possible.
