Expat divorce in the Netherlands

If your expat relocation to the Netherlands was great for your career but toxic for your marriage, it’s possible to divorce without returning to your home country.

In today’s globalised world, marriages can be the unintended victims of successful career moves to an overseas location. When an expat marriage is truly over in the Netherlands, there’s no necessity to return home to divorce, as expats are allowed to institute legal proceedings in a Dutch court even if they married in another country. Dutch law doesn’t necessarily apply as every case is individually examined, but international laws may apply, and you can also be divorced in a Dutch court using the laws of your home country. Reasons for divorce aren’t legally relevant in the Netherlands as all divorces are treated as no-fault, and your divorce will be legal in all EU countries and in other states according to their specific laws.

In the Netherlands a divorce lawyer must be retained, although you and your ex-partner can share the same attorney if you so wish and it’s best to select one who’s experienced in international law. As regards shared property and money as well as debts where no pre-nup exists, Dutch law states all property, debts and pensions accrued during the marriage are community property and must be divided between you and your ex on a 50/50 basis. If there are children of the marriage, Dutch law provides for child maintenance as well as spousal alimony. Maintenance must be paid, especially for children, and is determined by examining the costs of the children’s needs, now and in the future.

Spousal alimony has a time limit of 12 years should the ex-partner remain alone, but stops should the recipient remarry or begins living with another person as in a marriage. Should an ex-partner share parental authority, his or her permission will be needed before the children are taken out of the Netherlands, even for a short holiday. The Netherlands’ divorce procedure seems fair and easily understood, but expat couples wishing to end their marriage are recommended to take advice from a lawyer familiar with international divorce law. Although everything may seem straightforward, divorce proceedings can get complicated and confusing, needing an expert to ensure both parties are treated fairly at this very difficult time.