We’re here to help you.
One dedicated, specialised mediator
Extensive experience with expat divorces
Clear guidance on Dutch and international (legal) aspects
Mediation entirely in English
Dé ScheidingsMediator offers specialised divorce mediation for expats and international couples in the Netherlands. Mediation is handled by a highly experienced, MfN-certified legal mediator who understands the legal, financial and personal complexities of international divorce situations.
By working with one dedicated mediator, you benefit from clear communication, continuity and a consistent approach throughout the entire process.
In an international divorce, expertise matters. You will be guided by one specialised, English-speaking legal mediator with extensive experience in expat and cross-border divorce cases.
This ensures clear communication, continuity and a focused approach throughout the entire mediation process. From the first intake to the final agreement, you work with the same mediator, who understands both the legal and personal complexities involved.
Mediation provides structure and clarity during an international divorce. The process starts with an initial intake, where your situation is assessed and the relevant legal and international aspects are discussed. During mediation sessions, agreements are made about the children, finances, housing and other
important matters. Once agreements are reached, they are documented in a Parenting plan and a Divorce Agreement. The mediator ensures the divorce can then be filed with the Dutch court in a clear and efficient manner.
Divorces involving expats always include international or cross-border elements. These may involve different nationalities, assets located abroad, questions about which law applies, or which court has jurisdiction. During mediation, these international aspects are addressed carefully, so you understand your position and the implications of the choices you make. This helps prevent misunderstandings and unexpected consequences later on.
Mediation is suitable in many divorce situations, particularly when both partners are willing to work, despite feelings of grief and/or anger, towards practical solutions.
During the initial assessment, it is carefully considered whether mediation is appropriate for your situation. If additional steps or support are needed, this will always be discussed openly. This ensures that mediation is only used when it genuinely serves your interests.
The duration of mediation depends on the complexity of your situation and the willingness of both partners to reach agreements.
Mediation focuses on creating clear, workable arrangements that provide stability for the future. The aim is not to prolong the process unnecessarily, but to reach balanced and well-considered agreements.
Yes, it is usually possible to get divorced in the Netherlands even if you were married in another country and are not Dutch by birth. However, there may be exceptions to this rule, which is why the advice of a legal mediator is always recommended.
Be carefull: it is possible that, apart from the Dutch judge, also a judge in another country has jurisdiction. If that is the case, it will be examined at what point the application for divorce was filed with the court. The (competent) court with which the application was filed first will then be designated as the court that will handle the divorce. The mediator will discuss this topic with you, so you can avoid a “race to court” by jointly agreeing on the country in which you wish to submit the divorce to the court.
No, the reason for the divorce is not relevant—Dutch law does not require fault or blame. So it’s imperative to take the advice of a mediator from an early stage.
The international aspects of divorcing can be an additional complicating factor in the already complex and arduous divorce process. First, it must always be established if the Dutch judge has jurisdiction. If the Dutch judge has indeed jurisdiction, it must then be assessed which law is applicable. This can be (as it is for the jurisdiction) different for each subject (alimony, children, assets, pension, etc.). For each subject, there is national and international legislation that determines which country has jurisdiction and what the applicable law is. The fact that you can get divorced in this country does not always mean that the whole settlement (think about real estate abroad) also takes place under Dutch law. So ask for help in this from your legal mediator.
It is sometimes difficult enough for parents to align themselves after becoming divorced when it comes to caring for their children. And the division of care responsibilities for children growing up in an expat family can lead to additional complications.
In principle, if children live abroad, the Dutch court has no jurisdiction if the spouses disagree on this. Furthermore, a parent cannot just move from Holland with the children to their country of birth. This requires the consent of the other parent. After a move, a different type of care arrangement will have to be established. Removal without permission is classed as child abduction with all its consequences.
If Dutch law applies (or is chosen), maintenance calculations must be made, taking into account both your income and that of your partner, both during the marriage and after the divorce. These calculations are used to determine the amounts for child support and spousal support. There is now a substantial body of case law in this area, including cases involving international divorces, where the calculations can often be more complex.. Specific questions like, how should the various expat allowances be dealt with, how should the costs of the international school and the additional costs incurred by the maintenance payer be taken into account, are to be addressed. What to do with the extra expenses for expats ?A legal divorce mediator can help you navigate these thorny issues.
Getting divorced is always stressful and is compounded by the fact that, as an, expat your residence permit could also be at risk. However, if you are a EU citizen, you will still have the right to remain here even after divorcing – and this is also the case if you have a residence permit in your own name.
Things are more challenging if your residence permit is a spousal permit, which is usually tied to your spouse’s employment. In this scenario, getting divorced could means that you’ll have to apply for a Dutch permit in your name to reside in the country. With this in mind, it is essential to consult your mediator, who can help you to make sure that you have the correct residence permit.
When you are planning to get divorced in an expat situation, it is always wise to make an appointment with a mediator quickly. If you are an expat and need the services of a mediator, please contact us for expert advice.
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