The Netherlands is a popular destination for UK and international families. Strong employment opportunities, international schools, and quality of life make it an attractive place to relocate.
This is particularly relevant for British expat families living in the Netherlands, where relocation can quickly affect access to the courts of England and Wales.
From a family law perspective, living in the Netherlands can change the legal framework that applies to divorce, children, and financial arrangements more quickly than families expect.
This is an area where early clarity matters.
Why the Netherlands requires careful planning for British expats
The Dutch family law system differs in important ways from the approach taken in England and Wales.
Dutch courts place greater emphasis on structure and predictability. English courts apply wider discretion, particularly in financial cases involving needs, compensation, and fairness.
For British expat families, the issue is not which system is better. The issue is that outcomes can differ significantly once jurisdiction shifts.
Understanding that risk before problems arise preserves choice.
Jurisdiction and habitual residence in the Netherlands
In the Netherlands, jurisdiction often turns on habitual residence.
Once a family settles, establishes daily life, and integrates children into education and community life, Dutch courts may acquire jurisdiction over:
• divorce proceedings
• child arrangements
• parental responsibility
• maintenance
This can happen even where the move was initially described as temporary.
Once Dutch jurisdiction applies, the ability to issue proceedings in England and Wales may fall away.
Divorce and financial arrangements under Dutch law
Dutch divorce proceedings are often faster and more process-driven than those in England and Wales.
Financial outcomes may place greater emphasis on equalisation principles and statutory frameworks, with less scope for discretionary adjustment.
For British expats who assume English law will apply by default, this can come as a surprise.
Once proceedings begin in the Netherlands, the opportunity to rely on English judicial discretion may no longer exist.
Children and relocation risk
Where children are involved, jurisdiction can become particularly sensitive.
Once children become habitually resident in the Netherlands, Dutch courts may control decisions about schooling, relocation, and long-term arrangements.
A British parent may find they cannot return to the UK with the children without consent or a court order, even if the relationship breaks down unexpectedly.
These outcomes often turn on timing rather than intention.
The trailing spouse in Dutch relocations
Many relocations to the Netherlands involve one spouse moving for work while the other supports the move.
That trailing spouse may reduce or pause employment, pension contributions, and career progression. They often take responsibility for children and household stability.
English courts treat those sacrifices as relevant when assessing financial outcomes, provided England and Wales has jurisdiction.
Dutch law approaches financial provision differently. Once Dutch jurisdiction applies, outcomes may depend more heavily on statutory structure.
Timing therefore matters, particularly for British expats who expect English principles to apply.
Can British expats still use the English courts?
Sometimes, but not always.
Jurisdiction depends on factors such as habitual residence and domicile at the time proceedings are issued. Once those links weaken, access to the English courts may be lost.
In international cases, the first court seized often retains control.
Early advice allows families to assess risk before legal routes close or become unavailable.
When should British expats in the Netherlands seek advice?
In practice, families seek advice:
• before relocating to the Netherlands
• shortly after arrival
• before separation discussions begin
• where one spouse has stepped back from work
• where children or assets cross borders
Early advice supports informed decision-making rather than reactive choices.
Planning before difficulties arise
Legal planning is not an indication that a relationship is failing. It is a recognition that international living reshapes legal frameworks.
Handled early, advice can preserve flexibility, manage expectations, and reduce future conflict.
Paradigm Family Law advises British expat families living in the Netherlands on international family law issues involving England and Wales, including jurisdiction strategy and cross-border planning.
For a broader overview of why relocation changes legal outcomes, see:
Moving Abroad as an Expat Family: Why Legal Planning Matters Before You Go
Need help?
Paradigm Family Law has a team of experienced and highly recommended family lawyers who advise expats and internationally mobile families on the legal issues that arise when life crosses borders. We help clients understand jurisdiction, timing, and risk clearly, so they can make informed decisions before it’s too late.
If you would like to discuss an international relocation, expat separation, or cross-border family law issue, please do not hesitate to contact Frank or Evelyn. Paradigm Family Law offers a free initial consultation, and our fixed-fee solutions provide clarity and cost control from the outset.
You can call us on 01904 217225 or email us at info@paradigmfamilylaw.co.uk.
Recommended reading
International Relocation & Children – essential questions
International Family Law ServicesÂ
Pre-nuptial and post-nuptial agreements for expat families
