Antoine de Werd is a co-founder and senior partner at GMW Lawyers in The Hague. He specializes in (international) divorces. GMW Lawyers, a multi-service law firm with 35 specialized lawyers, is celebrating its 35th anniversary this year and is renowned for its commitment to clients both in the Netherlands and abroad, with a special focus on internationals.
As a family law attorney with a focus on internationals, what unique challenges do your clients face for divorce in the Netherlands?
If a spouse asks the court for a divorce, a divorce will follow. Legally it can’t be prevented. The primary legal ground for divorce is the irretrievable breakdown of the marriage, which only needs to be stated in the petition without requiring any proof or waiting period. This is different from some other countries. Dutch law also differs in the sense that it provides additional protection to the financially weaker party in a marriage. This plays a role in matters of spousal maintenance and the division of assets, especially when one spouse has significantly less income or fewer possessions than the other.
What makes the international aspect important in your divorce practice?
Besides Dutch laws and regulations, there are international legal laws and regulations that must be followed in the divorce of an international. We always first examine whether the Dutch court has jurisdiction. If the Dutch court has jurisdiction, the applicable law needs to be determined. This depends on nationality, length of stay in the Netherlands, and the country where the marriage was performed. A Dutch court might have jurisdiction, while it has to apply the law of another country.
As a family law attorney with a focus on internationals, what is striking in your divorce practice?
When I look at the large size of our legal expat practice, I have to note that relatively many internationals choose to divorce in the Netherlands. As I understand it, this is because the Dutch legal system is considered clear and fast. The Hague District Court handles many international divorces.
If you need advice in family law or other legal matters, please contact GMW lawyers in The Hague. We can work it out.
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E-mail: info@gmw.nl
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