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- For Dutch citizens, you must be registered in the Netherlands for at least six months to initiate a divorce procedure.
- For non-Dutch citizens, you must have been registered in the Netherlands for at least one year.
- For two Dutch citizens living abroad, the Dutch court always has jurisdiction to initiate divorce proceedings because both partners have Dutch nationality.
In some cases, the Dutch court may have jurisdiction to decide on divorce and access arrangements, while a foreign court will rule on alimony. This depends on the countries involved and the specific situation.
Race to the court: Quick action is crucial
If courts in multiple countries have jurisdiction, it may be important to file for divorce quickly. The court that receives the petition first often determines which court has authority. This is known as the “race to the court,” where it can be advantageous to start the process quickly to prevent a court in another country from handling the case.
When does a foreign court have jurisdiction?
The Dutch court does not have jurisdiction in all cases. A foreign court may have jurisdiction even if you are married in the Netherlands. In some situations, a foreign judge may decide on the divorce, while the Dutch judge must deal with issues such as spousal maintenance, where Dutch law applies.