Frequently asked questions about international divorce

The Dutch court can rule on an application for divorce if:

- Both spouses have habitual residence in the Netherlands or
- One of both has residence in the Netherlands if there is a joint request for divorce or
- The last common residence was in the Netherlands and one spouse still lives there or
- The respondent has his or her habitual residence in the Netherlands or
- The Applicant has habitual residence in the Netherlands for at least one year or
- The Applicant has habitual residence in the Netherlands for at least six months plus has Dutch nationality.

Whether a foreign adoption is recognised in the Netherlands depends on whether the country where the adoption was pronounced is party to the Hague Adoption Convention. By now, some 102 countries are affiliated and if the procedure in a convention country has gone well, that adoption is recognised in the Netherlands by operation of law. If this country is not party to the convention, this does not necessarily mean that the adoption will not be recognised.

According to Article 10:108 of the Dutch Civil Code, such an adoption can still be recognised by operation of law if both the child and the adoptive parents live outside the Netherlands. If the adoptive parents live in the Netherlands, a court ruling is required for recognition.

Incidentally, according to Article 10:105 of the Civil Code, it is also still possible for the Dutch court to pronounce the adoption if recognition fails in the Netherlands for whatever reason. If so, it will be fully reviewed in the Netherlands. This is a complicated matter, so be well informed by an expert lawyer from Küppers & Odekerken.

This is quite a complicated question. First of all, it depends on when you were married. If your marriage took place after 1 September 1992, then the 1978 Hague Convention on Matrimonial Property applies. The main rule in that convention is that parties can make a choice of law at the time of the marriage.
If they have not made a choice then the law of the common nationality of both will apply, or , if there is no common nationality, the law of the first common marital residence or, if there is no such first common marital residence, the law of the new common residence.

Furthermore, it is important to realise that the applicable law governing the matrimonial property may change if no choice of law is made.
It may change to Dutch law when you both acquire Dutch nationality or you have lived in the Netherlands for more than 10 years. This may result in your assets accumulated in the past not having to be divided but the assets accumulated in the period when Dutch law became applicable are suddenly common because they fall into the (Dutch) community of property and therefore have to be divided.

That question is basically answered by the law applicable to the matrimonial property regime of the spouses (Article 10:51 of the Civil Code). This is addressed in question 2, so it depends on which law is applicable.
However, there is one exception. Pension rights accrued in the Netherlands are divided according to the Dutch Pension Regulations, the Act on Equalisation of Pension Rights: even if foreign law applies to the matrimonial property regime.

Pensions accrued abroad that have to be divided according to Dutch law are sometimes still complicated to settle. The ex-spouse will only have a right to payment towards the spouse, as no action can be taken towards the foreign pension administrator. After all, these do not have the obligation to cooperate administratively in pension equalisation.
Therefore, it is important to make a proper agreement for that.

If this happens, you must file a request for return abroad under the Hague Convention on Child Abduction (the HKOV).

First of all, it is important to know whether this house is a dispute under matrimonial property law. In other words, does the division of this house arise directly from the marriage or its termination. If there is a community of property, this is the case: after all, the community ends when the petition for divorce is filed. The judge asked to pronounce the divorce will then also decide on the division of the house.

However, if there is a total exclusion of the community (e.g. if you have made prenuptial agreements) and house is in joint names, it is not always the divorce judge who decides on the division of the house abroad. This question is then assessed under the EEX Convention: the court of the defendant's domicile has jurisdiction to rule on this division.
But does that court also have jurisdiction to rule on the delivery? That is not the case, which is again the court where the property is located. For the question of which law is applicable, refer to the answer to question 2.

This is possible if the obligor to pay alimony lives in the Netherlands or the person entitled to alimony lives in the Netherlands or if the divorce proceedings have been filed in the Netherlands.
You can also choose to have the Dutch court determine the alimony.

You cannot, without the consent of the other parent with custody, take the children to a country other than where the children have their habitual residence at that time. This is because this constitutes child abduction.