You can leave your savings and investments in your home country, but you have to inform the Dutch tax authorities about them when filling in your tax form. A holiday house or second dwelling in your home country will have to be declared too, but normally a double taxation deduction can be requested.
If I claim social security benefits, will it affect my residence permits?
EU/EEA citizens generally have the same rights as Dutch nationals when it comes to social security benefits. However, receiving social security benefits can sometimes result in the withdrawal of your right to reside in the Netherlands. This is determined on case-by-case basis and could only happen if you have resided in the Netherlands shorter than five years.
Non-EU nationals in possession of a regular residency permit have also the same rights towards social security benefits. However, in some cases your Dutch residence permit may include a condition that you do not qualify to apply to any public funds.
What types of relationship contracts are there in the Netherlands for couples?
In the Netherlands partners can choose from two different official types of living arrangement that are regulated by law: they can marry or enter into a registered partnership with same or different gender couples. It is also possible to sign a cohabitation agreement and or to live together without signing any formal agreement.
Marriage and registered partnership
Huwelijk (marriage) and geregistreerd partnerschap (registered partnership) are very similar in this country. The partners have almost identical rights under the two systems and both relationships are formalised by law. To a large extent, the law specifies the partners’ rights and obligations, the conditions they must meet to formalise their relationship, and the procedures involved, including ending a relationship. There are no significant differences regarding children between marriage and registered partnership on the one hand but you do have them under cohabitation agreement on the other hand.
Cohabitation and cohabitation agreements
Even if a couple living together choose not to formalize their relationship, the fact that they live together still has legal consequences. There are implications, for instance, for income tax and social security deductions and benefits.
They may enter into a samenlevingscontract (cohabitation agreement) a written contract arranging a variety of matters related to living together and sharing a home e.g. a couple may agree to support each other financially and share the costs of running a household. They may also want to make arrangements about the use of each other’s bank accounts, or dividing or sharing their property. The couple may arrange these matters themselves, but it is often advisable to have an official cohabitation agreement drawn up by a notary. This is required in order to be eligible for certain benefits, such as the partner’s pension schemes and employment fringe benefits. You can learn more about the role of a notary on the links provided on the Legal matters introduction.
Same-gender marriage
Since 2001 it has been possible in the Netherlands for two men or two women to enter into a marriage or a registered partnership. Both a registered partnership and a marriage between two persons of the same sex provide nearly the same rights as a heterosexual marriage and differ only with regards to children and adoption. Same-sex married or registered partner couples should be aware that their relationship and its legal consequences will not always be accepted in other countries.
Further information on types of relationship contracts and differences between the arrangements can be found on the Dutch Government’s website: www.government.nl/topics/family-law.
Who can marry in the Netherlands?
Anyone who has Dutch nationality can get married in the Netherlands, regardless of whether they live here and regardless of their partner’s nationality.
Two foreign nationals may marry in the Netherlands if one of them legally resides in the Netherlands. To prevent marriages of convenience, non-Dutch nationals who wish to marry or enter into a registered partnership must either have a permanent residence permit or obtain a statement from the Dutch police service for foreigners (vreemdelingenpolitie) regarding their status under the Aliens Act.
Couples of the same gender are also allowed to marry in the Netherlands.
The Dutch government’s website on marrying a foreigner in the Netherlands gives a good overview of the conditions that apply to various situations where two people want to marry under Dutch law.
What do we need to do to legally get divorced?
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.
What is the jurisdiction of the Dutch Court in case of a divorce?
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.
What is the applicable law in a divorce proceeding between spouses of different nationalities?
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.
My partner and I would like to have a religious marriage. What are the steps involved?
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.
My partner and I are contemplating, registering our partnership. Can you please tell me how to go about with this and if there are any costs involved?
The registered partnership provides almost the same rights and responsibilities as marriage and they both have similar steps.
If you plan to register your partnership, you first need to inform the gemeente (municipality) of the city of residence of one of the partners involved. This is called ondertrouw (notice of intent to marry). You need to do this at least two weeks before the intended date of the partnership registration which must take place within one year of submitting the notice. If the one-year period expires, then you need to resubmit another notice of intent to marry.
The documents needed may vary depending on nationality, previous marriages and residence status in the Netherlands. It is advisable to find out well in advance what documents you need to meet the requirements by contacting your local municipality. Required documents for both partners are similar to the documents requested for the marriage.
What are the requirements to get married in the Netherlands?
The documents needed may vary depending on nationality, previous marriages and residence status in the Netherlands. It is advisable to find out well in advance what documents you need and whether they meet the requirements.
Usually you need to bring the following documents:
- A birth certificate
- Proof of identity, e.g. passport
- A marriage certificate in the case of a previous marriage, a divorce decree in the case of a previous divorce or a death certificate in the case of being widowed
- Completed witness forms for two to four witnesses
- A certificate of no impediment to marriage or a certificate of civil status proving you are not married elsewhere. This is available from your respective Consulate General or you may have to apply for the certificate in the last place you lived abroad. In most cases you will need to have the document legalised to make it legally valid in the Netherlands. Note: A certificate of no impediment to marriage is issued after a notice of marriage has been displayed at your Consulate General for 21 days and if no objection has been made about the proposed marriage. It is issued in Dutch.
Documents from abroad that are not written in Dutch, French, German or English must be translated into Dutch by a sworn translator in the Netherlands. Furthermore, documents from certain countries must be legalised or provided with an ‘apostille’ stamp. More information about this is available on the Dutch government’s website:https://www.government.nl/topics/marriage-cohabitation-agreement-civil-partnership
What are the steps to be followed and the costs to get married in the Netherlands?
If you plan to get married, you first need to notify the municipality. This is called ondertrouw (notice of intent to marry). This must be made at the gemeente (municipality) of residence of one of the partners involved. You need to do this at least two weeks before the intended wedding date and the wedding must take place within one year of the ondertrouw. If the one-year period expires, then another submission is required. Make an appointment with the ambtenaar van de burgerlijke stand (registrar) in the municipality in which you wish to marry or enter into partnership. The registrar will tell you which documents to bring for the meeting.
Furthermore, you will need to appoint at least two and no more than four witnesses. The witnesses must be 18 years or older.
Once the documents have been presented to the gemeente a date and venue for the ceremony may be selected. During this period the couple will meet with the official who will perform the marriage ceremony. In some areas, arrangements can be made with a marrying official for the ceremony to be held in English. However, the vows are legally required to be in Dutch.
The civil ceremony may take place in a gemeente other than that of residence but the municipality of residence must be informed so that arrangements for transferring documents can be made.
The ondertrouw is provided free of charge. However, there could be other costs involved such as an appointment at the ambtenaar van de burgerlijke stand and for various documents where costs are specific to certain situations. Please contact your municipality for more details.
What is the difference between marriage and registered partnership?
Marriage and registered partnership are both relationships formalised by law. The most important differences between the two kinds of arrangements have been eliminated. What remains is primarily the absence of a religious ceremony in the case of a registered partnership, and the fact that a registered partnership and its legal consequences may not always be accepted in other countries. Furthermore, how to dissolve a marriage and a registered partnership differs in that a registered partnership can be ended without the involvement of the courts if you have no children under the age of 18. A marriage can only be dissolved by a court.
In principle, as in marriage, all possessions and debts are generally shared jointly in the registered partnership, but different arrangements can be made by instructing a notary to draw up a pre-partnership agreement, similar to a prenuptial one.
