The court determines whether the marriage has irretrievably broken down.The Netherlands has a fairly unusual system for income and assets during marriage. The parent who is not given custody is entitled to access to the child. A legal separation offers a possibility of conciliation, but can also be a stepping stone towards dissolving the marriage. The request may be made by both parents or by just one of them. Non-financial factors may also have a bearing, such as the length of the marriage and for how long the spouses lived together. The community property is dissolved by divorce and must then be divided up. After a short (i.e. If one of the parents gets custody, the court will, on request, investigate how much the other should contribute to the costs of childcare. Both sets of assets are combined to form one joint set of assets. Hillen van Tol lawyer – mr Ingrid Maste – can assist you in every court in The Netherlands. Unilateral petitions, however, are subject to a 3-year waiting period, which the court may reduce to 1 year in certain cases. The annulment is effected by means of proceedings commenced by a petition. They live and work in other places than their country of origin. In both cases a lawyer is mandatory for filing the divorce petition. Among other things, this certificate states the country from which the decision originates, details of the parties, whether the decision was pronounced by default and the type of decision involved: divorce or legal separation, date of the decision, the authority that pronounced the decision.If an interested party wishes it to be established that the foreign divorce is not recognized in the Netherlands, he may submit an application for non-recognition to the preliminary injunction judge of the court for the district in which he is ordinarily resident.IMPORTANT: WE REQUIRE SPECIFIC INFORMATION ABOUT YOUR SITUATION OR WE WILL NOT BE ABLE TO RESPONDThank you for contacting us.
As a specialist in international divorce, we can help you find out whether the Dutch court has jurisdiction. For as long as a marriage has not been annulled, it is valid.The law indicates the grounds on which annulment may take place, and at whose instigation.The law gives the following grounds for a petition for annulment:Since 1 March 2005, the Council Regulation (EC) No2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No1347/2000, referred to in short as the Brussels II bis Regulation, has been applied to the EU Member States. The marriage can be said to have irreparably broken down if to continue living together has become unbearable and there is no prospect of a restoration of proper marital relations. A short legal procedure which does not require court attendance follows in order to validate the divorce. Thus a marriage solemnized by the parties cannot be annulled by operation of law (automatically). The only ground for divorce in The Netherlands is that the marriage has irretrievably broken down.
If, having legally separated, the spouses decide that they do want to fully separate, they can request the dissolution of the marriage after legal separation.A petition for the dissolution of the marriage subsequent to legal separation cannot be made at any time. At first sight, an international divorce with a lawyer in The Hague seems to be more complicated than a divorce where you both live in The Hague. In the case of a unilateral petition, the petitioning spouse must assert the irreparable breakdown and, if it is denied by the other spouse, prove it. The basic premise in law is that each of the spouses is entitled to half. It is also considered whether the respondent (the party who did not file a petition for divorce) was properly informed of the proceedings.
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