NETHERLANDS Law and Practice Contributed by: Sandra Verburgt, Petra Beishuizen and Ivo Janssens, Delissen Martens Advocaten
On 7 March 2023, the Senate adopted the bill to combat marital captivity, which subsequently entered into force on 14 April 2023 (Stb 2023, 114). This bill ensures that the court can make arrangements in the event of a divorce – as an ancillary provision to civil divorce proceedings – whereby a spouse is ordered to co-operate in the dissolution of a religious marriage. Judicial Separation A legal separation can also be requested on the ground that the marriage has broken down irre - trievably. Unlike a divorce, a judicial separation will not result in the dissolution of the marriage. Judicial separation has traditionally been an option for spouses who do not wish to divorce for religious reasons. As a result of the judicial separation, the matrimonial regime will be dis - solved and maintenance obligations may be determined. Spouses cannot divorce after a judicial separa - tion until three years have elapsed, unless the request for divorce is on a mutual basis. In that case, the term is one year after judicial separa - tion. The spouses may reconcile, which will end the judicial separation. 1.2 Choice of Jurisdiction Jurisdictional Grounds for Commencing Divorce Proceedings The Netherlands is an EU member state and Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (the “Brussels II ter Regulation”) applies when determining inter - national jurisdiction in divorce matters following the dissolution of any marriage, whether it be a heterosexual marriage or a same-sex marriage. Jurisdiction will lie with the Dutch court if:
• the spouses are habitually resident in the Netherlands; • the spouses were last habitually resident in the Netherlands (insofar as one of them still resides there); • the respondent is habitually resident in the Netherlands; • in the event of a joint application, either of the spouses is habitually resident in the Nether - lands; • the applicant resided in the Netherlands for at least a year immediately before the applica - tion was made; • the applicant resided in the Netherlands for at least six months immediately before the appli - cation was made and is a Dutch national; or • if both spouses have Dutch nationality. Jurisdictional Grounds for Dissolving Registered Partnerships As registered partners are not subject to any EU legislation with regard to the dissolution of their partnership, this is subject to Dutch procedural law. If the registered partnership was solem - nised in the Netherlands, the Dutch authorities (whether it be the Family Court or the Registrar of Births, Deaths, Marriages and Registered Partnerships) have jurisdiction concerning any request to dissolve the partnership. If the reg - istered partnership was solemnised abroad, the jurisdictional grounds are the same as those for commencing divorce proceedings. Concepts of Domicile, Residence and Nationality “Domicile” and “residence” are synonymous in Dutch law and refer to the place where an indi - vidual is habitually resident. It is the place that reflects some degree of integration – for exam - ple, the centre of one’s social life or the location where a person’s life actually takes place – as evidenced by the permanence of residence and
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