International family law in a globalised world – AIJA Brussels Congress 2018

04 / 09 / 2018 Sophie Zeilstra

International family law: “Globalisation challenges family lawyers all over the world. In the Netherlands, family law can become legally complex if foreign law applies, and the court has to be advised of this to be able to make the right decision. However, there are advantages as well: when several courts have jurisdiction over a dispute or when there is a choice between the application of applicable laws, the most favourable law needs to be determined.”

“An international divorce may include disputes about assets in multiple countries. In most cases it is not necessary to start proceedings in more than one country. Recognition of  a foreign divorce judgment in the Netherlands is often possible and regularly based on the Brussels-IIa regulation. No further procedural steps or court decision should be necessary for the execution of a judgment pronounced in a EU Member State. If the Brussels-IIa regulation is not applicable, Dutch procedural law requires an exequatur. This is a formal and limited procedure to make sure all checks and balances are in place.”

Alexander Leuftink on familylaw in a globalised world at the Brussels Congress last week. aijabrussels globalisation