In the Netherlands, marriages may only be blessed by religious institutions after the civil marriage has taken place. It is up to the institutions to bless or solemnise the marriage. They are not obliged to do so. It is advisable to check with the religious institution of your choice.
Unlike a marriage, a registered partnership may not be blessed in a religious institution.
For every divorce element, different rulings determine which law is applicable. The most important divorce elements are: the divorce itself , child and spousal support, division of assets and property, children (parental authority, access rights) and pension. These rules are found in European Union regulations, conventions and the Dutch Civil Law. In most regulations, there are possibilities to opt for a certain law (for example on the divorce itself or the matrimonial regime), so be sure to get solid advice from a competent lawyer on this matter. Even if you share the same nationality, an international divorce will most likely incorporate aspects that may be subject to different national laws.
Sometimes filing a divorce in the Netherlands will suit you best; in other cases filing it abroad might be a better option.
If your partner has already filed for a divorce in any country, you cannot file for divorce anywhere else.
If you decide to file for divorce in the Netherlands, make sure that it will be recognized in your home country.
For two Dutch nationals, it is always possible to divorce in the Netherlands.
The Dutch Court has international competence when the two spouses live in the Netherlands, regardless of their nationality.
If only one of the spouses lives in the Netherlands and they don’t have a common Dutch nationality, the Dutch court is authorised as well, but in some cases it is necessary that one of the spouses has lived here at least one year. With ‘live’ is meant habitual residence. Only being registered in the Netherlands is insufficient to file for a divorce.
Once the Dutch Court is authorised regarding the divorce itself, the Dutch Court is also authorised regarding other divorce elements (assets, alimony, pension, etc.), except when it comes to children. Only when the children ‘live’ in the Netherlands does the Dutch Court have international competence. If not, the Dutch Court cannot make decisions about parental authority, access rights, etc.
In the Netherlands, all cases of echtscheiding (divorce) have to be granted by the court. Since only a lawyer has the authority to file a petition for divorce with the court, the first thing that you can do is to seek legal advice from a good divorce lawyer or mediator.
According to the Dutch law, there is just one ground for divorce: irreparable breakdown of the marriage. The marriage can be said to have irreparably broken down if continuing to live together has become unbearable and there is no prospect of a restoration of marital relations. The judge is not interested in the question of blame at all. The behaviour that has led to the divorce has no influence on the decision as to how the assets should be split or how much alimony should be paid.
The divorce proceedings may be instituted by both spouses jointly (a joint petition) or by just one of them (a unilateral petition), and a divorce petition may be filed at any time after marriage: there is no requirement for the parties to have been married for a certain number of years or to have lived separately for a certain number of years.
If the divorce is by mutual request, is uncontested it is not necessary for you to go to court physically. The divorce settlement can be drawn up by a lawyer or a mediator, signed by both partners and sent to the court for authorisation via a lawyer, which is almost always given if both partners have signed the agreement. If you have children younger than 18 years, a parenting plan is a requirement. Furthermore, children from the age of 12 years have the right to be heard by the court. So even if you have a divorce with a mutual request and it is not necessary for you to go the court, children of 12 years and older will receive an invitation from the court to be heard.
If only one of you wishes to end the relationship, or you are not agreeing on topics regarding your divorce, there is a great chance that you have to go to court physically.
The divorce comes into effect when the court ruling has been entered in the Register of Births, Deaths and Marriages of your municipality by either you or your lawyer. This has to be done six months after the court ruling, it is not open for appeal anymore.
For those new to the Netherlands, the Dutch tax system can seem complicated. It is not helped by the fact that much of the online government information on tax is only provided in Dutch (the English pages are intended for non-resident taxpayers).
The Netherlands is a socially aware country and you can expect to pay a substantial proportion (up to 52%) of your salary in taxes. There are many other forms of direct and indirect taxation levied by the Dutch Government to raise revenue.
Direct taxation is applied to both individuals (who are either living, working or obtaining income in the Netherlands) and to commercial organisations.
The various forms of direct taxation (for the individual) are:
Income tax
This tax is deducted from your salary at the source and is also applied to other forms of earnings that you must declare. Income tax is a ‘tiered’ tax in that the percentage of tax taken relates to the size of your salary and is taken in steps. You can find the latest information on the belastingdienst (tax office) website.
Inheritance tax
You must pay inheritance tax if you are have inherited more than the exemption amount. The amount of money that you can inherit before having to pay tax is dependent upon your relationship with the deceased. In certain situations, you may not have to pay any inheritance tax.
Gift tax
You will be liable to pay tax on a gift you receive, if the value of the gift is over a certain amount in any one tax year.
Transfer tax
If you buy a house or other property, then you usually have to pay transfer tax. The transfer tax applies if you are the legal or beneficial owner of: property, rights in real estate, shares in immovable bodies (i.e. buildings).
It should be noted that your personal situation (non-working partner for example), type of work, residency status and other assets and earnings (particularly from abroad) will affect your position with respect to what taxes you must pay.
On top of the direct taxation for individuals, there are also various indirect taxes charged by the Dutch government. Below are some of the main taxes which are likely to affect you:
The tax year in the Netherlands runs from 1 January to 31 December inclusive. You are normally required to complete and submit your belastingaangifte (tax return) before 1 May following the end of the tax year.
In the first instance, especially if you are unfamiliar with the Dutch tax system and your ability to speak Dutch is limited, it may be advisable to employ a Dutch tax consultant who will be able to submit the tax return for you.
You can contact the ACCESS Helpdesk if you require help in locating a tax consultant in your area.
If you have any specific questions, you can also call the Belastingdienst (Tax Office) information line for residents on (055) 538 5385 or on +31 (0) 55 538 5385 if calling from outside the Netherlands. You may need to give your burgerservicenummer – BSN (citizen service number) when calling.
You can also visit your local Tax Office. However, this can only be done by making an appointment and usually requires you to contact them via telephone first. The location of your tax office can be found on: www.belastingdienst.nl/rekenhulpen/gvk.
If you have demonstrable ties to the Netherlands (for instance, you live here, you work here, and your family is based here), you are generally regarded as a ‘resident taxpayer’ from day one and therefore must pay inkomstenbelasting (income tax). If you live abroad but receive income that is taxable in the Netherlands, you are generally a ‘non-resident taxpayer’. Non-residents can also apply to be treated as residents for tax purposes (in order to gain access to the Dutch deductible items). An additional category of partial non-resident taxpayers covers those eligible for the so-called ‘30% ruling‘.
As a resident taxpayer, you are taxed on your income earned both in the Netherlands and abroad. Hence, you should always investigate if the Netherlands has a tax treaty with the country where you may be gaining an income to avoid double taxation, that is, being liable for tax on the same income or capital from more than one country.
You are normally required to submit an belastingaangifte (tax return) if you receive a declaration letter or form from the Dutch Tax Office. However, also in the situation that you do not receive a notification from the tax office and tax would be due, you are liable to submit a tax return. Even if not requested to do so, it may be advantageous to do a tax return as a refund may apply, for example if you can make use of some tax deductions.
You can get a paper tax form sent to you by contacting the Belastingdienst (Tax authorities) information line for residents on (055) 538 53 85 or on 0031 55 538 5385 if calling from outside the Netherlands. Alternatively, you can download the form from the Belastingdienst (Tax authorities) website on www.belastingdienst.nl.
To file a return, you will need to use the online DigiD service. DigiD (pronounced ‘didjidee’) stands for digital identity. It is a system shared by government agencies that they can use to verify your identity. You can find more information here.
If you find the whole process of providing a tax return too challenging, you can pay for a Dutch tax consultant to complete and return your tax declaration on your behalf.
Particularly in the year of arrival and the year of departure, filing a tax return may result in a substantial rebate. Tax returns can be completed retrospectively for a period of five years.
The types of income are treated differently for tax purposes on the tax return and categorised on the tax return into one of three boxes:
Box 1 – Income from business profits, employment and home ownership
This includes wages, pensions, social benefits, benefits provided by the employer (such as the provision of a company car) and earnings from renting out a house.
Box 2 – Income from substantial shareholding of a company
You must hold at least 5% of the company’s shares.
Box 3 – Taxable income from savings and investments, e.g. interest earned and dividend payments
The amount of tax payable is calculated by applying the various tax rates to the various taxable incomes in the boxes. The amount calculated is then reduced by one or more tax credits. For more information click here.
