Applicable Law for Divorce in Utrecht

Applicable Law for Divorce in Utrecht

For Utrecht residents with an international divorce, it is essential to know which law applies to your divorce, especially in cases of marriages abroad or partners from other countries. This determines the rules for dissolution, division of assets, and maintenance. In the Netherlands, and specifically in proceedings at the Utrecht District Court, we apply EU regulations and national laws to determine the applicable law. This ensures your divorce is recognized and legally watertight, even for Utrecht residents.

What Does Applicable Law Mean for Divorces in Utrecht?

The applicable law is the national law that sets the core rules for dissolving your marriage. This differs from jurisdiction, which indicates which court – such as the Utrecht District Court – is competent. In international cases in Utrecht, this is crucial for the procedure, grounds for divorce, and financial arrangements. Without clear applicable law, you risk invalid decisions or non-recognition abroad. The Legal Aid Office Utrecht offers free initial advice for Utrecht residents.

Example: You are a Utrecht resident, married to a German, and lived in Belgium. The Utrecht District Court may have jurisdiction, but which law does the judge apply? This article guides you through it. Also check our article on international divorce for the Utrecht procedure.

Legal Basis for Utrecht

The applicable law for divorces at the Utrecht District Court falls under European and Dutch law:

• EU Regulation (EC) No 2201/2003 (Brussels IIbis): Governs jurisdiction, recognition, and enforcement of divorce judgments in the EU. The forum state, such as the Netherlands, often applies its own law.
• EU Regulation (EU) No 1259/2010 (Rome III): Regulates choice of law for divorce, but the Netherlands does not participate, so it does not apply by default in Utrecht.
• Dutch law: Title 12 Book 1 Dutch Civil Code (BW) and Private International Law (Marriage and Divorce) Act (WCE): Article 151 BW and Articles 5-7 WCE prioritize the law of the joint habitual residence at the time of filing with the Utrecht District Court.

Outside the EU: 2006 Hague Conference Convention on maintenance.

Step-by-Step Guide for Applicable Law in Utrecht

1. Joint habitual residence at the time of the request (Article 5(1) WCE), e.g., Utrecht.
2. Last joint habitual residence where one party remains (Article 5(2)).
3. Law of common nationality (Article 5(3)).
4. Law of the forum state (Netherlands/Utrecht) as a fallback (Article 5(4)).

Explicitly choose the law of a connected state (Article 6 WCE), ideally via a notary in Utrecht.

Practical Examples for Utrecht Residents

Example 1: Both Dutch nationals, lived in Spain for three years, now back in Utrecht. Utrecht District Court has jurisdiction. Spanish law applies as the last joint residence (Article 5(2) WCE), which may impose stricter requirements.

Example 2: Utrecht woman with French husband, both living in Utrecht. Dutch law applies primarily (Article 5(1)), but marital property agreements may be French.

Example 3: Expats from UK/US in Utrecht. At the Utrecht District Court, Dutch law applies subsidiarily; a written choice is possible.

Rights and Obligations in Utrecht

Rights:

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

Obligations:

• Notify the Utrecht District Court of international factors.
• Follow the applicable law, even if stricter.
• Register with Municipality of Utrecht.

Frequently Asked Questions for Utrecht