Whether you can have your divorce in the Netherlands is regulated by the Brussels II ter regulation. This regulation determines whether the court in the Netherlands has jurisdiction to deal with a petition for divorce.
Under Article 3a, the Dutch court has jurisdiction if:
- the spouses are habitually resident in the Netherlands
- the spouses were last habitually resident (together) in the Netherlands, and one of them still resides in the Netherlands
- the respondent is habitually resident in the Netherlands
- the spouses file a joint application for a divorce, and one of them is habitually resident in the Netherlands.
- the applicant (requesting spouse) is habitually resident in the Netherlands and (s)he resided in the Netherlands for at least a year immediately before the application was made
or
- the applicant (requesting spouse) is habitually resident in the Netherlands and (s)he resided in the Netherlands for at least six months immediately before the application was made and is a national of the Netherlands.
Under Article 3b, the Dutch court also has jurisdiction if:
- both spouses have the Dutch nationality.
Children
The Dutch court will also have jurisdiction to make decisions about the children, if the children are habitually resident in the Netherlands.
Applicable law
Jurisdication to give a divorce decision, does not automatically imply that the Dutch court will apply the Dutch law on marital matrimony.
Sometimes spouses made a choise together for what law will be applicable in case of a divorce.
If the spouses did not make a choise, ….
Read more information about divorce.