Applicable Law in Divorce Proceedings in Amsterdam

Applicable Law in Divorce Proceedings in Amsterdam

As a resident of Amsterdam facing an international divorce, it is essential to know which law governs your divorce, particularly in cases involving marriages abroad or partners from other countries. This determines the rules for dissolution, asset division, and spousal maintenance. In the Netherlands, and specifically at the District Court of Amsterdam, EU regulations and national laws are applied to determine the applicable law, ensuring your divorce is legally valid and recognized in the EU and beyond.

What Does Applicable Law Mean in Divorces in Amsterdam?

Applicable law refers to the legislation of a specific country that sets the core rules for terminating your marriage. This is separate from the competent court, such as the District Court of Amsterdam, which pronounces the divorce. In cross-border cases, it affects the procedure, grounds for divorce, and financial arrangements. Without clear applicable law, you risk recognition issues abroad. Contact the Juridisch Loket Amsterdam for free initial advice.

Example: You live in Amsterdam, are Dutch, and married to a German who resided in Belgium. The District Court of Amsterdam may have jurisdiction, but which law applies? This article guides you through it. Also see our article on international divorces.

Legal Frameworks for Amsterdam

The applicable law in divorce is governed by European and Dutch law, relevant for proceedings at the District Court of Amsterdam:

• EU Regulation (EC) No 2201/2003 (Brussels IIbis): Covers jurisdiction, recognition, and enforcement of divorce judgments in the EU. The District Court of Amsterdam often applies Dutch law.
• EU Regulation (EU) No 1259/2010 (Rome III): Regulates choice of law for divorce, but the Netherlands does not participate, so it is not directly applicable.
• Dutch law: Title 12 Book 1 of the Dutch Civil Code (BW) and Act on Private International Law relating to Marriage and Divorce (WCE): Article 151 BW and Articles 5-7 WCE prioritize the law of the common habitual residence, such as Amsterdam.

Outside the EU, treaties such as the 2006 Hague Convention on Maintenance apply.

Step-by-Step Guide to Applicable Law

1. Common habitual residence at the time of the application (Article 5(1) WCE), e.g., Amsterdam.
2. Last common habitual residence where one spouse remains (Article 5(2)).
3. Law of common nationality (Article 5(3)).
4. Law of the forum state (the Netherlands) as a fallback (Article 5(4)).

In Amsterdam, you can explicitly choose a connected legal system at the District Court of Amsterdam (Article 6 WCE).

Examples from Amsterdam Practice

Example 1: Both spouses Dutch, lived in Spain for three years, now back in Amsterdam. District Court of Amsterdam has jurisdiction; Spanish law may apply (Article 5(2) WCE), with stricter requirements.

Example 2: Amsterdam woman with French partner, both living in Amsterdam. Dutch law takes precedence (Article 5(1)), but marital property regime may be French.

Example 3: British and American expats in Amsterdam. At the District Court of Amsterdam, Dutch law applies subsidiarily; choice possible via written agreement.

Rights and Obligations in Amsterdam

Rights:

• Request determination of applicable law at the District Court of Amsterdam (Article 152 BW).
• Automatic EU recognition (Brussels IIbis).
• Child protection via the Hague Child Abduction Convention.

Obligations:

• Inform the court about international elements.
• Comply with the determined law, even if stricter.
• Register the divorce with the Municipality of Amsterdam.

Frequently Asked Questions for Amsterdammers