Divorce in Netherlands Private International Law

Abstract

Formerly, jurisdiction in divorce cases was regulated by ss. 262 and 266 of the Civil Code. These provisions have been left out of the new Book 1 of the Civil Code, which came into force on January 1, 1970. Jurisdiction is now being dealt with by the new s. 814 of the Code of Civil Procedure, of which the text (as adapted by the Divorce Reform Act 1971, S. 290, in force October 1,1971) runs as follows:In matters of divorce, judicial separation, and dissolution of marriage after judicial separation, the Dutch courts have jurisdiction if, at the commencement of the action:a. both parties are Dutch nationals; orb. one of the parties, if both parties are petitioning together, for the previous six months has had his domicile in the Netherlands; orc. the respondent has had for the previous six months, or the petitioner for the previous twelve months—or if he is a Dutch national for the previous six months—his domicile in the Netherlands.The competent court is the district court of the domicile of either party, if they are petitioning together and otherwise the district court of the domicile of the respondent or, if only the petitioner is domiciled in the Netherlands, the district court of that domicile. If neither of the parties is domiciled in the Netherlands, the District Court of The Hague is the competent court (etc.).