NETHERLANDS Law and Practice Contributed by: Sandra Verburgt, Petra Beishuizen and Ivo Janssens, Delissen Martens Advocaten
the intention to settle there. In the Netherlands, this generally means the municipality in which an individual is registered. A stay of several months for study or vacation, for example, is not considered to constitute a habitual residence – nor is the wish to be buried in the Netherlands considered as maintaining one’s domicile in the Netherlands. “Nationality” is the possession of citizenship of a country or countries. Contesting Jurisdiction in Divorce Proceedings Contesting jurisdiction in divorce proceedings is possible if there is a legitimate ground under the Brussels II ter Regulation or Dutch proce - dural law – for example, if the divorce application does not comply with the previously mentioned jurisdictional grounds. It would also be possible if divorce proceedings are already pending in another EU member state or non-EU member state and it is likely that the Dutch court would recognise that foreign divorce decision. Another situation in which jurisdiction could be contested is where a divorce decision has already been obtained in another jurisdiction and that decision is recognised in the Netherlands. Staying Proceedings in Order to Pursue Divorce Proceedings in Foreign Jurisdictions An application to stay proceedings for this pur - pose will only be successful if those divorce pro - ceedings were issued earlier than the Dutch pro - ceedings and if it is likely that the Netherlands would recognise that foreign divorce decision. When addressing this issue, the court considers factors such as: • whether there is a jurisdictional ground for divorce based on Brussels II ter Regulation;
• the date on which the petition was submitted to the court in the other jurisdiction; and • whether the divorce decision (if any) would likely be recognised in the Netherlands in the event of divorce proceedings in a non-EU member state. The forum non conveniens concept is not an acceptable jurisdictional ground in the Nether - lands (see 2.1 Choice of Jurisdiction for further detail).
2. Financial Proceedings 2.1 Choice of Jurisdiction Grounds for Jurisdiction
The EU Matrimonial Property Regulation and the EU Maintenance Regulation apply in the Nether - lands. Matrimonial settlement and spousal sup - port could be requested ancillary to divorce. The Dutch court seised with jurisdiction for divorce may also have jurisdiction to rule on mainte - nance obligations between spouses. A matrimo - nial settlement could be requested if the jurisdic - tional ground for divorce is not solely based on the habitual residence of the spouse-petitioner. If jurisdiction for divorce is solely based on the habitual residence of the spouse-petitioner, then an additional choice of forum agreement between the spouses is required. Where there is no choice of court agreement and the divorce jurisdiction is based on the habitual residence of the spouse-petitioner, the Dutch divorce court may accept jurisdiction only concerning Dutch real estate owned by the spouses. In cases of separate matrimonial property proceedings after (foreign) divorce, the Dutch divorce court may accept jurisdiction based on the following grounds:
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