International law

Divorcing a foreign partner in the Netherlands

Do you want to divorce a foreign partner in the Netherlands? This is only possible if you or your partner live in the Netherlands. You need to file a petition for divorce with the Court. The involvement of a lawyer is mandatory.

Conditions for divorcing a foreign partner in the Netherlands

You can divorce your foreign partner in the Netherlands if:

you and your partner both live in the Netherlands;
you live in the Netherlands and your partner lives outside the Netherlands;
your partner lives in the Netherlands and you live outside the Netherlands.

Do you and your foreign partner both live outside the Netherlands? If so, you cannot divorce your foreign partner in the Netherlands.

Do both you and your partner have Dutch nationality? If so, you can obtain a divorce in the Netherlands while you both live outside the Netherlands.

Joint or unilateral divorce application

You and your partner can file for divorce in the Netherlands jointly. You or your partner can also file for divorce unilaterally. This means that only one of the partners submits a request to the court. However, there are rules for a unilateral divorce petition:

Does the applicant have Dutch nationality? Then the applicant must live in the Netherlands for at least 6 months at the time of the application.
Does the applicant not have the Dutch nationality? Then the applicant must live in the Netherlands for at least 12 months at the time of the application.

These deadlines do not apply if you are filing a joint application for divorce or if your partner lives in the Netherlands.

Source: Dutch Government

Contact me A good approach is necessary for a permanent result

Ik bedank u voor uw hulp. Misschien had ik niet zo veel procedures daarvoor verloren waarvan de consequenties nog steeds aanwezig zijn en zullen zijn indien u mij vanaf het begin had bijgestaan. Daarvoor bedank ik u van harte.

If you and your partner cannot agree together on the terms of the divorce? Then the court can also rule on, for example:

arrangements about your children. For example, where will the children live;
How much partner and child support you or your partner will have to pay;
How your finances and debts will be divided after the divorce.

Please contact me to discuss your personal situation without obligation. Every situation is unique and requires a tailor-fit approach.

Would you like to know how and for what rate I can assist you in your divorce / mediation please feel free to contact me.

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More information about international law

International Law has a lot of topics. Please find some explanations below.

Converting foreign deeds to Dutch deeds
Legalisation of Dutch documents for use abroad
Filing for divorce with non-Dutch nationality
Terminating registered partnership with foreign partner

Converting foreign deeds to Dutch deeds

Do you have a birth certificate, marriage certificate, registered partnership certificate, death certificate or divorce documents from abroad? Then you can ask the municipality of The Hague to convert these to a Dutch certificate. Even if you live outside the Netherlands.

Legalisation of Dutch documents for use abroad

You may need to produce Dutch documents for a divorce or termination of a registered partnership abroad. You may also have to make them suitable for use in the country in question. This usually means that they will need to be legalised first. This is done with a special stamp or sticker. Check the requirements the Dutch document has to meet with the embassy or consulate of the country where you intend to use it. You may need to have the document translated before it can be legalised.

You can use documents issued by countries or municipalities that are part of the Kingdom of the Netherlands anywhere in the Kingdom without legalisation.

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Filing for divorce with non-Dutch nationality

You do not have the Dutch nationality. In the Netherlands, you can still file for divorce from your foreign partner. You can apply alone or together. The conditions differ:

You or your partner live in the Netherlands. Then you can file for divorce together.
You can file for divorce unilaterally. You must be living in the Netherlands for 1 year or more at the time you file for divorce.

Divorce if you have a residence permit

You have a residence permit because your partner lives in the Netherlands. You are going to get divorced. You must apply for another residence permit from the Immigration and Naturalization Service.

Terminating registered partnership with foreign partner

You entered into a registered partnership in the Netherlands. In that case, Dutch law applies. A Dutch judge or registrar terminates the registered partnership. Who does this depends on. Whether you have children. Whether or not you and your partner agree together:

You agree on the divorce together: The registrar registers the termination in the registrar's records.
You do not agree on the divorce together: The court dissolves the registered partnership
You have sole or joint custody of one or more children: The judge terminates the registered partnership.

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