Does Dutch law apply to expats who marry in the Netherlands?

When expats marry in the Netherlands, Dutch law does not automatically govern every aspect of their marriage. The applicable law depends primarily on the couple’s nationality, habitual residence, and whether they have made an explicit choice of law. Under European private international law rules that apply in the Netherlands, couples with different nationalities or cross-border lives may find that the law of another country governs their matrimonial property, unless they actively choose otherwise. The sections below address the most common legal questions expats face when marrying in the Netherlands or settling here after a marriage abroad.

Which country’s law governs an expat marriage in the Netherlands?

The law governing an expat marriage in the Netherlands is determined by EU Regulation 2016/1103 on matrimonial property regimes, which applies in the Netherlands and most EU member states. Under this regulation, the law of the country where the couple first establishes their habitual residence after marriage generally governs their matrimonial property, not automatically Dutch law simply because the wedding took place here.

This means that if two foreign nationals marry in Amsterdam but then move to Germany or France, German or French law may govern their matrimonial property regime. Conversely, if they settle in the Netherlands after the wedding, Dutch law is likely to apply by default, unless they have chosen a different law or entered into a prenuptial agreement designating another jurisdiction.

It is worth noting that the regulation applies specifically to matrimonial property. Other aspects of marriage, such as the formal validity of the marriage ceremony, personal status, and divorce grounds, are governed by separate rules under Dutch private international law and, where applicable, other EU instruments.

What is the default matrimonial property regime under Dutch law?

Under Dutch law, the default matrimonial property regime is limited community of property (beperkte gemeenschap van goederen). Since a legislative amendment that came into force in 2018, this regime covers assets and debts accumulated by both spouses during the marriage, but generally excludes assets each spouse owned before the marriage or received as an inheritance or gift.

This is a significant departure from the older Dutch system, which imposed a full community of property covering virtually all assets, including pre-marital wealth. Expats who married in the Netherlands before 2018 and did not enter into a prenuptial agreement may therefore be subject to different rules than those who married after that date.

Under the current limited community regime, the following broad categories typically apply:

• Shared: income earned during the marriage, assets purchased with joint funds, and debts incurred jointly
• Excluded: assets owned before the marriage, inheritances, and gifts, provided these are properly documented and kept separate
• Potentially shared: assets whose origin cannot be clearly established, or pre-marital assets that have become commingled with marital property

For expats whose home country operates a separation of property regime, as is common in the United Kingdom, the United States, and many other jurisdictions, the Dutch default can come as a surprise. Seeking legal advice for expats in the Netherlands before or shortly after settling here is advisable to understand how this regime applies to individual circumstances.

Can expats choose which country’s law applies to their marriage?

Yes. Under EU Regulation 2016/1103, spouses or prospective spouses have a limited but meaningful ability to choose the law applicable to their matrimonial property regime. The choice is restricted to one of three options: the law of the country where either spouse is habitually resident at the time of the agreement, or the law of the nationality of either spouse at that time.

This choice of law must be made expressly, in writing, and signed and dated by both parties. In the Netherlands, this is typically done through a notarial deed, either as part of a prenuptial agreement (huwelijkse voorwaarden) or as a separate post-marital agreement. The choice can be made before or after the marriage, though making it before the wedding is generally simpler and avoids retroactive complications.

Practically speaking, this option is particularly relevant for expats in the Netherlands who:

1. Hold the nationality of a country with a separation of property regime and wish to preserve that approach
2. Own significant assets in another jurisdiction and want those assets governed by familiar rules
3. Are planning to relocate again and want legal certainty regardless of where they ultimately settle
4. Have complex family or business structures that require predictable property rules across borders

It is important to note that a choice of law does not override mandatory provisions of Dutch law or third-party rights, for example, the rights of creditors or rules protecting a family home. Professional legal advice is essential before making any such election.

How does Dutch law treat prenuptial agreements made abroad?

Dutch law generally recognises prenuptial agreements made abroad, provided they were validly concluded under the law of the country where they were drawn up and are not contrary to Dutch public policy (openbare orde). However, recognition is not automatic, and the practical enforceability of a foreign prenuptial agreement in the Netherlands depends on several factors.

Under EU Regulation 2016/1103, a matrimonial property agreement is formally valid if it satisfies the formal requirements of the law applicable to the matrimonial property regime, the law of the country where the agreement was concluded, or the law of the country where either spouse was habitually resident at the time of conclusion. This gives foreign prenuptial agreements a reasonable basis for recognition within the EU framework.

That said, expats should be aware of the following practical considerations:

• A prenuptial agreement drafted under English law, for instance, may reflect concepts, such as judicial discretion in financial remedy proceedings, that have no direct equivalent in the Dutch civil law system
• If the agreement does not clearly designate an applicable law, Dutch courts may need to determine which law governs it, introducing uncertainty
• Agreements that were not notarised or witnessed in accordance with the requirements of their country of origin may face challenges
• Provisions that conflict with Dutch mandatory law or public policy will not be enforced

Expats who have a prenuptial agreement from another country and are now living in the Netherlands are well advised to have that agreement reviewed by a Dutch lawyer to assess whether it will be recognised and how it interacts with Dutch matrimonial property rules.

What happens to an expat’s assets if the marriage ends in the Netherlands?

If a marriage ends in the Netherlands, whether through divorce, separation, or the death of a spouse, the division of assets is governed by the matrimonial property regime that applied during the marriage. If Dutch law governed the regime, the limited community of property rules will determine what is shared and what remains each spouse’s own property.

In a divorce under Dutch law, the community property is divided equally between the spouses. Assets that fall outside the community, such as inheritances or pre-marital property, are in principle retained by the spouse who owns them, provided the exclusion can be demonstrated. In practice, disputes often arise over the classification of assets, particularly where pre-marital savings have been used to purchase jointly used property or where financial records are incomplete.

For expats, additional complexity arises when:

• Assets are located in multiple countries, requiring coordination with foreign legal systems
• The applicable matrimonial property law differs from the law governing the divorce itself
• One spouse relocates to another country during or after the proceedings, raising questions of jurisdiction
• Business interests, pension rights, or intellectual property are involved, each of which may be treated differently under Dutch law compared to the law of the expat’s home country

Jurisdiction over divorce in the Netherlands is determined by separate EU rules (Brussels IIb Regulation), which generally allow the court of the country where the spouses habitually reside to hear the case. The outcome in terms of asset division, however, will depend on the matrimonial property regime, making it essential to understand both sets of rules before proceedings begin.

When should expats seek Dutch legal advice before or after marrying?

Expats should seek Dutch legal advice as early as possible, ideally before the marriage takes place, or immediately upon relocating to the Netherlands if already married. The matrimonial property regime that will govern the marriage is typically determined at the point of first common habitual residence, which means that early decisions have long-lasting legal consequences.

Specific situations that warrant prompt legal consultation include:

• Marrying in the Netherlands as a foreign national, particularly if one or both spouses own property or business interests abroad
• Arriving in the Netherlands already married under the law of another country, without a prenuptial agreement
• Holding an existing prenuptial agreement from another jurisdiction that has not been reviewed under Dutch law
• Planning to make a choice of law election under EU Regulation 2016/1103
• Facing a change in circumstances, such as a significant inheritance, the sale of a business, or an impending relocation, that may affect the matrimonial property position

Post-marriage agreements (huwelijkse voorwaarden staande huwelijk) are also possible under Dutch law, allowing spouses to modify their property regime during the marriage. However, these require notarial involvement and, in some cases, court approval, so they are not a simple administrative step.

The general principle is that acting early provides far more options than attempting to restructure a matrimonial property position after a dispute has arisen or divorce proceedings have commenced. Depending on the specific situation, outcomes can vary considerably, and professional advice tailored to the individual circumstances is always necessary.

How Russell Advocaten assists expats with matrimonial property and family law

Russell Advocaten Amsterdam is an internationally oriented law firm with decades of experience advising expats on the full range of legal matters that arise from living, working, and building a life in the Netherlands. The firm’s lawyers are fluent in English, German, and Dutch, which means that complex legal concepts, including the interaction between Dutch matrimonial property law and the law of another country, can be discussed clearly and without language barriers.

For expats navigating questions of marriage, property, and family law in the Netherlands, Russell Advocaten offers:

• Advice on the applicable matrimonial property regime based on nationality, habitual residence, and existing agreements
• Review and assessment of foreign prenuptial agreements for recognition and enforceability under Dutch law
• Guidance on choice of law elections under EU Regulation 2016/1103
• Assistance with drafting or amending prenuptial agreements (huwelijkse voorwaarden) in cooperation with a Dutch notary
• Legal support in the event of divorce or separation, including cross-border asset division
• Broader expat legal services covering immigration, real estate, employment, and business establishment in the Netherlands

Russell Advocaten is an official partner of IN Amsterdam, the expat centre of the City of Amsterdam, and is consistently recommended by the Legal 500 for the quality of its legal services. If you have questions about how Dutch law applies to your marriage or matrimonial property situation, contact Russell Advocaten to arrange a consultation.

This information is general in nature and does not constitute legal advice for your specific situation. Please consult a lawyer at Russell Advocaten for advice tailored to your circumstances.

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