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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

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner. She has been exclusively practising family law for over 15 years and is a recognised expert in her field.

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

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

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

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.

Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings and financial claims.

Associate Solicitor

Gavin Yeung

Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings involving Hague Convention countries.

Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, pre- and post-nuptial agreements and cohabitee property disputes.

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Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

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Lorna Martin

Lorna is our Office Manager who oversees the operations of the firm including providing accounts support as well as secretarial support to the team.

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Evdokia Dikova

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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Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Michelle Louison

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 Antonio

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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