England & Wales or the Netherlands: Where Should I Divorce?

The Netherlands has undergone two significant reforms to its family law framework in recent years – one in 2018 fundamentally changing how marital property is treated, another in 2020 placing a hard cap on spousal maintenance. For anyone with connections to both England and the Netherlands, understanding what those changes mean in practice, and how they compare to the English system, is essential. 

Can I Divorce in England if I Live in the Netherlands? 

If you or your spouse is habitually resident or domiciled in England and Wales, it may be possible to bring proceedings here even if you are currently based in the Netherlands. Both countries are potential forums for divorce and financial proceedings in many international marriages, and where both are available the question of which to choose can have a considerable bearing on the financial outcome. Advice should be sought promptly. 

What Are the Key Differences? 

Dutch law operates a codified matrimonial property regime with a default position that has shifted over time. Couples who married in the Netherlands before 1 January 2018 were, unless they had a prenuptial agreement, subject to a general community of property regime – meaning all assets and debts, including those accumulated before the marriage, were pooled and divided equally on divorce. For marriages after that date, a more limited regime applies: only assets acquired during the marriage are generally included, with pre-marital property remaining separate. In both cases the court adheres closely to equal division and has relatively little discretion to depart from it, which can produce predictable but rigid outcomes, particularly where one party’s needs cannot be met simply by halving what was accumulated during the marriage. 

The maintenance position is where the contrast with England is perhaps sharpest. Since January 2020, Dutch law caps spousal maintenance at five years in most cases, calculated as half the length of the marriage. There are limited exceptions, but the general direction of Dutch policy has been firmly towards financial independence and time-limited support. England, by contrast, retains full judicial discretion on the duration of spousal maintenance, and in appropriate cases substantial long-term awards remain available. 

Financial disclosure in the Netherlands, while required, tends to operate within a more structured and formulaic framework than in England. The English court’s obligation of full and frank disclosure, and the serious consequences that may follow from concealment, are generally regarded as producing a more thorough examination of the true financial picture, particularly where wealth may be complex or held in opaque structures. 

If you have connections to both England and the Netherlands, the timing and location of proceedings may significantly affect what you are able to recover. Specialist advice taken early — before the other side moves — is likely to make a real difference. Contact us for a free initial consultation.