International divorces are a growing phenomenon, with people increasingly entering into international relationships. This may be the case with different nationalities or because people marry or lived abroad. But what happens when such a relationship ends in divorce? The answer is complex and involves a range of legal and practical considerations. Three complexities are explained in more detail.
Jurisdiction
One of the biggest challenges in international divorces is determining jurisdiction, in other words which country is competent to rule. This may depend on factors such as where the marriage took place, what nationalities the parties have, where the spouses and children live and whether the parties agree on which legal system should apply. Spouses can sometimes choose where they want to divorce. The consequences for the outcome of the procedure may differ per country.
For example, a divorce in the Netherlands is possible if one of the spouses (or both) lives in the Netherlands for a certain period of time or if both parties have the Dutch nationality.
Once the divorce petition has been filed in one country, the petition cannot subsequently be heard in another country. Lis pendens. If a petition for divorce has already been submitted to the Dutch court and one of the spouses submits a petition of divorce to for example the German (or another country) court, the latter court must declare itself incompetent.
The fact that the Dutch court is competent to pronounce the divorce does not mean that the Dutch court is also competent to judge on provision concerning minor children or the financial settlement. For each subject it will have to be determined which court is competent to hear a request in this regard.
Recognition and enforceability
Another important aspect is recognition and enforcing divorce decisions across international borders. What is considered legally valid in one country may not be recognized in another. This can lead to complicated legal procedures and conflicts, especially when there are child or property issues.
If the divorce was granted outside the Netherlands, the Dutch authorities will recognize the divorce if it was fair play and if the divorce was pronounced by a competent authority.
Children
Children are often a central concern in international divorces. Questions about visitation rights, custody and child abduction can be particularly complicated when parents are from different countries. A situation may arise in which one of the parents wants to return to his or her country of origin with the children after the divorce. In that case, the Hague Child Abduction Convention (in Dutch het Haags Kinderontvoeringsverdrag) determines what is allowed and what is not.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
