Netherlands Divorce & Family Law

The Netherlands law in relation to the breakdown of marriage and welfare of children principally relies on the Dutch Civil Code, and its particular chapters relating to family law, separation and dissolution of marriage.  The Netherlands operates within the framework of EU Regulations, so jurisdiction is determined by the Brussels II (Revised) Regulation and its own rules of civil procedure.  Therefore nationality can in certain cases be relevant to jurisdiction.  So far as children are concerned, the Member State and whichever parent’s jurisdiction the child habitually resides in will have jurisdiction.

There is a scheme governing the recognition of non-European divorce judgments.  The marriage must have been dissolved through a court or similar authority.

The only ground for divorce is irretrievable breakdown of the marriage.  For obvious reasons therefore, if one partner files for divorce, realistically the court has to assume that the marriage has irretrievably broken down no matter what the other party says.

There is a statutory regime for Community of Property, but financial agreements are very common and can displace that.  Maintenance can be awarded and will be determined on the basis of needs.  In principle if the marriage has lasted less than 5 years and there are no children, the duration of the maintenance obligation will not exceed the duration of the marriage.  In other cases the maintenance obligation will end after 12 years.  However, if that would result in unjust consequences, the court can alter that provision.  It is not possible to discharge a maintenance obligation by payment of a lump sum designed to end claims.

Enforcement of foreign orders will either proceed through EU instruments, or otherwise will require the procedure under the Code of Civil Procedure, first obtaining leave from the court before proceeding to enforce the judgment.

There is provision for same sex partnership and same sex marriage which broadly brings such relationships in line with that applying to married couples.  However, Dutch law does not contain any statutory provision governing the assets of unmarried cohabitants.  It is not possible to create a general Community of Property in the absence of a particular contract.

We are specialist international divorce lawyers and family solicitors and we advise clients who are either UK-based but originate from the Netherlands, or are living outside of the UK but have a connection with England or Wales.

Enquire Now

Got a question about the Netherlands? ask us now...

Kindly complete the form below to send an enquiry.
Your message will be sent to one of our solicitors.
Everything you send in this form is secured and encrypted the moment you submit it.
Discretion is guaranteed.

  • 1. Personal Information:

  • You do not need to provide a telephone number, however, it is helpful for us should our email response not be successfully delivered to you
  • 2. More Information

    Is there anything else you would like to tell us at this stage?
  • This field is for validation purposes and should be left unchanged.

What our clients are saying:

‘EC’, Germany

Dear Henry, Tommy and the rest of the crew at Brookman solicitors, Thank you so much for your outstanding professional assistance in my case. My very special thanks go to Tommy whose efforts and skills helped to achieve the best outcome possible for the boys and myself!

Google Reviews

Brookman Solicitors

42 Reviews

Chris Mullins 10/12/2018

Henry Brookman and team have been fantastic from initial point of contact. They were able to schedule me a 'free telephone consult' at short notice in order to fit with my travel plans. I have now received sound written legal advice from both UK and Overseas perspective which has given me great reassurance and peace of mind. I am now understanding of the legal journey I am to face and have confidence that his team will be able to support me!

Syeda Rizvi 09/11/2018

I can’t recommend Brookman solicitors enough. I met with Mr Aziz Malik from Brookman solicitors for a case that had an international dimension to it, and found him extremely competent, professional, reassuring and empathetic. Knowing that my case was time sensitive, Mr Aziz was quick to initiate the legal process, kept me updated on the case progress, responded very promptly to all my correspondence, gave very sincere legal advice and addressed all my concerns in a very patient and responsible fashion. He was very involved in the case, and I knew from the get go that my case was in safe hands. Throughout the process, the law firm also kept me posted on the costs of the services I was getting, hence making the process very convenient and transparent for me. The barrister they appointed to represent me at the hearing(s) was equally competent, knowledgeable and articulate. Thanks to Brookman solicitors, the outcome of my case was exactly what I had wished for, and I am beyond delighted. I am extremely grateful to them for their services. Please keep up the good work!

Nir Ozer 07/11/2018

Henry Brookman was very honest and helpful with the professional quick legal service. It's wonderful to know you get a proper advice when needed. I definitely recommend this law firm.

Chris Saunders 26/10/2018

I engaged Brookman Solicitor's on a particularly complex topic related to international divorce. Henry and his team provided excellent support and his expertise was a critical factor in a successful outcome. I would not hesitate in working with this firm again, or recommending them to others.

Petra LP 25/10/2018

Replied to my query very quickly and was very helpful and understanding.