What is Dé ScheidingsMediator?

Dé ScheidingsMediator is a group of experienced and MfN-certified mediators. We have a nationwide network so there is always someone near you. We can help you with both the judicial and financial side of the divorce in full service manner. Meaning we can help you with the entire process.

How can I find a mediator?

You can use the map on the right or the postcode tool, from the mediator page you can easily contact our mediators. For convenience we suggest Google Chrome where you can easily translate the page using “Translate to [language]” when right-clicking anywhere on the page.

1. Is it possible for ex-pats to get divorced?

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 mediator is always recommended.

If you can apply for divorce in another country, the applications will be considered on a ‘first come, first served’ basis. This means that if you prefer to get divorced in this country, it is crucial to make the application here first. If your husband or wife has already filed for divorce in another country, it unfortunately is not possible for you to apply for a Dutch divorce.

2. Will I have to state a reason for the divorce?

No, all divorces are ‘no-fault’ divorces in this country. The area of the law which applies to your divorce will determine your rights and obligations. This can affect the division of your marital property, the rules for paying maintenance, and even the time it takes to start legal proceedings, so it’s imperative to take the advice of a mediator from an early stage.

3. What are specific problems for expats?

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 which elements can be regulated in the Netherlands and which cannot. If the Netherlands has jurisdiction, it must then be assessed which law is applicable. This can be different for each subject (alimony, children, assets, pension, etc.). For each subject, there is national and European 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 settlement also takes place under Dutch law. So ask for help in this from your mediator.

4. What are the rules for children?

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 ex-pat family can lead to additional complications.

In principle, if children live abroad, the Dutch court has no jurisdiction if the spouses disagree on this. 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.

5. How is alimony calculated?

If the maintenance debtor is not subject to Dutch tax legislation, the Dutch calculation rules cannot be applied in full, and this often causes complications. How should the various ex-pat allowances be dealt with? How should the costs of the international school and the additional costs incurred by the maintenance debtor be taken into account to have contact with his or her child? What to do with the extra expenses for ex-pats? A mediator can help you navigate these thorny issues.

6. What should you do if your visa is dependent on your marriage?

Getting divorced is always stressful and is compounded by the fact that, as an ex-pat, your right to remain here could also be at risk. However, if you are a Dutch or 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 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 mean applying for a Dutch permit in your name to reside in the country. And a formal separation may also have an impact on your residency rights. With this in mind, it is essential to consult your lawyer or mediator, to make sure that you have the correct residence permit.

When you are planning to get divorced in an ex-pat situation, it is always wise to make an appointment with a mediator quickly. If you are an ex-pat and need the services of a mediator, please contact us for expert advice.

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