More and more Dutch nationals and other Europeans move to Spain after entering into a registered partnership. As long as the relationship is going well, this usually raises few questions. But what happens if you decide to separate?
This can create a particular legal issue. Spain does not have the same nationwide system of registered partnership as the Netherlands. Spain does have regional arrangements for unmarried couples, such as the pareja de hecho, but these are not legally equivalent to a Dutch registered partnership. As a result, a Dutch registered partnership cannot automatically be treated in Spain in the same way as a Spanish marriage or a Spanish form of registered partnership. When seeking to terminate a Dutch registered partnership, it is therefore important to carefully assess which options are available under Dutch law and what consequences the termination may have in Spain.
If one of the partners does not agree to the termination of the registered partnership, court proceedings will be necessary. The same applies where the partners jointly exercise parental responsibility over one or more minor children. In an international situation, this immediately raises an important question: does the Dutch court have jurisdiction?
The termination of a registered partnership is subject to specific Dutch rules on international jurisdiction. Article 4 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv) refers to a number of international jurisdictional grounds derived from the European rules applicable to divorce. Relevant factors may include:
For example, if both partners are Spanish nationals and both now live in Spain, the Dutch court does not automatically have jurisdiction. This can make the termination of a Dutch registered partnership considerably more complicated.
This is where an important distinction arises. If both partners agree that the registered partnership should end and they do not jointly exercise parental responsibility over minor children, the registered partnership can, subject to certain conditions, be terminated without going to court. The parties must enter into a written termination agreement. A lawyer or civil-law notary will then prepare the statement required by law, which must subsequently be registered in the civil status records. The registered partnership only comes to an end once that registration has taken place.
With this out-of-court procedure, no application is submitted to a Dutch court. The question of whether a Dutch court would have had international jurisdiction to hear an application for termination therefore does not arise in the same way. This can be particularly relevant where the parties are now living in Spain, have little or no remaining connection with the Netherlands, but originally entered into their registered partnership in the Netherlands.
With an out-of-court termination, no application is filed with a Dutch court. This means that the question of whether the Dutch court would have international jurisdiction to decide on the termination does not need to be determined. This may provide an important solution where one or both partners are not Dutch nationals, both now live permanently in Spain and have few remaining ties with the Netherlands, but entered into a registered partnership in the Netherlands.
The difference can therefore be significant:
Terminating the registered partnership does not necessarily mean that everything between the parties has been settled. Further arrangements may still be required regarding, for example, the settlement of the registered partnership agreement, jointly owned assets, property in the Netherlands or Spain, pensions or maintenance. Where assets are located in more than one country, different European and national rules on jurisdiction and applicable law may apply. It is therefore advisable to seek advice from a lawyer specialising in international family law.
Did you and your partner enter into a registered partnership in the Netherlands, do you now live in Spain and are you considering separating? It is advisable to first establish which route is available to terminate your registered partnership. Particularly where you both agree that the partnership should end, it may sometimes be possible to avoid complex international court proceedings.
I would be happy to assess whether an out-of-court termination in the Netherlands is possible in your situation and, where appropriate, assist you with the required agreement and the further settlement. Feel free to contact me to discuss your situation on 076 – 204 5565 or at katinka@verdeadvocatuur.nl. Alternatively, you can complete the contact form next to this article.