Help infos for divorce in Netherlands -- Divorce requirements in Holland

I am married to a dutch citizen.. we registred our marriage but I didn't join him yet.. now he wants a divorce.. but how he can get his divorce in holland if I'm not living there and never been there? or he must start from where we were married first (my country)?

what he needs to do to divorce me there?

[AFFA]

I wish to inform you that the law which applies in this case is Article 1 of the Divorce (Conflict of Laws) Act. Under the provisions of Paragraph 4 of Article 1, even if one of the two spouses chooses Dutch Law then Dutch Law will apply if the other spouse does not object to it. Further, if both the spouses do not have a shared place of residence and do not have a common nationality then also the Dutch Law will apply. Under the provisions of Dutch Law, your spouse can take divorce in the Netherlands. The spouse can apply for divorce at any time after marriage by filing a divorce petition stating breakdown of marriage.

AFF

[Lexus]

First of let me remind you to file a petition for divorce in Netherlands there is no requirement that the parties to have been married for a certain length of time. The law applicable to divorce is determined on the basis of Article 1 of the Divorce (Conflict of Laws) Act. On the grounds of paragraph 4 of Article 1, even if they do not have Dutch nationality the spouses can still choose for Dutch law to be applied. The court will then simply apply Dutch law. If one of the spouses chooses Dutch law, the court will also apply Dutch law, but only if the other spouse does not raise any objection. In your case it seems that your husband can seek for divorce invoking Dutch law as per Article 1 of the Divorce Act. As per the Act spouses who are not having a common nationality and have no shared habitual place of residence ,Dutch law can be applied. Dutch law will be applied in your case because your husband is a Netherlands citizen and you belong to a Different citizen ship. It seems that your husband can apply for a divorce petition in Netherlands provided if you do not raise any objection in applying Dutch law. It is also advised that you may consult with a Divorce Attorney who can give you a valid legal opinion in this regard.

The situation is complicated and depends on how long he has been resident in Holland. If he has been living somewhere else and has only just returned there then a divorce in your country may take priority. I would also need to know where you are resident and your nationality. daniel.eames@clarkewillmott.com or International Divorce Specialist | Daniel Eames - International Divorce Lawyer