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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.

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Divorce Videos

Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

International Divorce

Watch Henry Brookman summarise divorce and common divorce myths.

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Henry Brookman Discusses: Divorce
Henry Brookman Discusses: Common Divorce Myths

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

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Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Amanda Glass

Amanda is a highly experienced family law partner providing expert advice on all aspects of family law, divorce and separation with an emphasis on financial remedy cases.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate Solicitor

Lauren Moir

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Associate Solicitor

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate Solicitor

Amber Matheson

Based at the Guildford office, Amber has experience dealing with family matters including divorce, finances, separation after cohabitation, arrangements for children and leave to remove cases.

Solicitor

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

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Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship,…

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Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

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Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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