Applicable Law for Divorce in Tilburg

Applicable Law for Divorce in Tilburg

As a resident of Tilburg facing an international divorce—such as a marriage abroad or partners from other countries—the applicable law determines the rules governing your dissolution of marriage, division of assets, and spousal maintenance. In the Netherlands, including Tilburg, EU regulations and national laws are used to establish this, ensuring your divorce before the District Court of Zeeland-West-Brabant in Breda is legally valid and internationally recognized. Contact the Juridisch Loket Tilburg for free advice.

What does applicable law mean for Tilburg residents?

Applicable law refers to the legal system that governs the termination of your marriage. This is separate from jurisdiction, i.e., which court in Tilburg or Breda has authority. In cross-border divorces, it is crucial for the procedure, grounds for divorce, and financial matters. Without clear applicable law, your divorce may be invalid.

Example: You are a Tilburg resident, married to a German, and temporarily lived in Belgium. The District Court of Zeeland-West-Brabant may have jurisdiction, but which law applies? This article guides you through it. Also see our article on international divorce.

Legal frameworks for Tilburg

Applicable law for divorce is governed by European and Dutch law, relevant for proceedings at the District Court of Zeeland-West-Brabant:

• EU Regulation (EC) No 2201/2003 (Brussels IIbis): Covers jurisdiction and recognition of EU divorces; the forum state often applies its own law.
• EU Regulation (EU) No 1259/2010 (Rome III): Allows choice of law based on nationality or habitual residence, but the Netherlands does not participate, so it does not apply by default in Tilburg.
• Dutch law: Title 12 Book 1 of the Dutch Civil Code (BW) and the Private International Law (Marriage and Divorce) Act (WCE): Art. 1:151 BW and arts. 5-7 WCE prioritize the law of the state of joint habitual residence at the time of filing.

Outside the EU: 2007 Hague Maintenance Convention.

Step-by-step guide to applicable law

1. Joint habitual residence at the time of the petition (art. 5(1) WCE).
2. Last joint habitual residence where one spouse still resides (art. 5(2)).
3. Law of common nationality (art. 5(3)).
4. Forum law (Netherlands) as a fallback (art. 5(4)).

In Tilburg, you can choose connected law (art. 6 WCE) with a close link to your marriage.

Examples from Tilburg practice

Example 1: Tilburg couple, both Dutch nationals, lived in Spain for years and returned to the Reeshof. Breda District Court applies Spanish law as the last joint residence (art. 5(2) WCE), which may impose stricter requirements.

Example 2: Tilburg woman with a French partner, both living in Tilburg. Dutch law applies primarily (art. 5(1)), but marital property regime may be French.

Example 3: UK and US expats in Tilburg. Before a Dutch court, Dutch law applies subsidiarily; written choice is possible.

Rights and obligations in Tilburg

Rights:

• Request determination of applicable law from the District Court of Zeeland-West-Brabant (art. 1:152 BW).
• Automatic EU recognition (Brussels IIbis).
• Child protection under the Hague Child Abduction Convention.

Obligations:

• Inform the court of international factors.
• Apply the established law, even if stricter.
• Register the divorce with the Municipality of Tilburg.

Frequently asked questions for Tilburg