Divorce and Alimony: Dutch or German Law?

Questioner

My future ex-partner and I both live in Germany and work in the Netherlands. It should be noted that as soon as our house in Germany is sold, I will return to the Netherlands. We had hired a Dutch lawyer and it turned out that the divorce could be settled in the Netherlands. However, now my future ex-partner (TEP) has hired a German lawyer and indicates that child support must be paid under German law. According to my TEP, spousal support can simply be paid under Dutch law. To what extent does it make sense to have everything proceed under German law? Or can the divorce be settled under Dutch law and child support under the Düsseldorf Table (German law)? And to what extent does child and spousal support differ in the Netherlands compared to German law? Please note that I am aware that I have to pay child support and spousal support and I already do so.

Lawyer

The Dutch judge may also handle child support in my opinion, but then on the basis of German law. The German lawyer does not like that very much, of course. But then you keep everything in one procedure and that saves money.

Lawyer

I agree with Monique Ferwerda. If your Dutch lawyer needs support in applying German law, we will be happy to help.

Lawyer

Indeed, German law applies to child support. If you and your wife reach an agreement on child support, in principle no judge is needed. In Germany, for example, you can sign a deed at the Jugendamt in which you commit yourself to paying support. Of course, it is always useful to have a lawyer calculate in advance how much support you will have to pay according to the Düsseldorf Table. It is also important that when you live in the Netherlands again, the so-called purchasing power difference between Germany and the Netherlands is taken into account. As for the divorce, it seems sensible to me to file the divorce in the country whose law applies to the marriage. So if you are married in the Netherlands according to Dutch law and if you are married in Germany according to German law. For example, if a German Zugewinngemeinschaft has to be divided by a Dutch judge, the judge will have to ask an expert for this. This results in quite high costs.