If you both have Dutch nationality, but live overseas it is possible to submit a joint divorce request to the court in Amsterdam. The court must confirm that you have Dutch nationality and requires a statement from the Dutch Embassy or Consulate in the country where you are domiciled, or from a notary, proving that your identity has been verified and confirming that you have Dutch nationality. All documents must be translated by a certified translator, unless they are written in English.
If the marriage took place abroad, you will also need to provide an extract from the register of marriages. If this is not possible, the court would be satisfied with the original marriage certificate. These documents must be provided with a translation by a certified translator, unless they are written in English. In addition, to take advantage of Dutch divorce rules, you must choose to apply Dutch law to the divorce. This choice may have consequences, for example with regard to maintenance rules.
Finally, I must make sure that you both really want to divorce. If you do not intend to come to the Netherlands in the near future, the simplest and most reliable solution is for an independent third party (lawyer, notary, Embassy, etc.) to inform me that they have verified your identity and is satisfied that you both accept the divorce documents written by me. Unlike the Court, I accept statements in Dutch, English, French, German and Spanish. After receipt of this information, along with the signed original document, I can submit the petition to the tribunal.
View an example of a notary declaration.
If the marriage was entered into abroad, the divorce judgement will be registered at The Hague. A court judgement is not sufficient for a final divorce. Also, divorce for a marriage which took place overseas must usually be recorded in the country’s register of births, deaths and marriages, where that country recognises the divorce. We would advice that you check in the country in question.