Legal issues Netherlands

In the Netherlands, the marriage procedure for foreigners is regulated by law and requires several steps to be completed.

 

Notice of intention to marry

Before getting married, the couple must notify the municipality of their intention to do so. This notice must be submitted at least 14 days before the planned wedding date. The procedure is usually conducted in the municipality where one of the partners resides.

 

Documents

Foreigners need to provide several documents to get married in the Netherlands:

- Passport or other identification document.

- Birth certificate with an apostille or legalization, if required.

- Proof that you are not married or a divorce certificate if you have been married before.

- Residence permit or document confirming your legal stay in the Netherlands.

- Declaration of marriage legality from your country, if required.

 

All documents that are not in Dutch, English, German, or French must be translated into one of these languages by a certified translator.

 

Marriage registration

Marriage registration takes place in the municipality. The couple can choose the location and time of the ceremony as well as the official registrar. The ceremony can be either official (at the municipality) or unofficial (at a specially chosen location), but to be legally recognized, the marriage must be registered in the municipality.

 

Choice of ceremony type

In the Netherlands, both civil and religious ceremonies are possible. However, a religious marriage is not recognized by law unless accompanied by civil registration. Therefore, the couple must first have a civil ceremony and then, if desired, hold a religious ceremony.

 

After the marriage

After the marriage, the information will be registered in the municipal civil register. It is also advisable to notify the relevant authorities in your country if necessary.

 

Special cases

If one partner is a citizen of a country outside the EU/EEA or Switzerland, additional checks by the Immigration and Naturalization Service may be required to confirm the legality of their stay in the country and their intention to marry.

 

It is important to know all the requirements and prepare the necessary documents in advance to avoid delays and problems in the marriage process.

Registering the birth of a child in the Netherlands for foreigners is an important procedure requiring specific steps.

 

Birth notification

The birth of a child must be registered within three working days after birth. Registration is done in the municipality of the city where the birth took place. This is usually done by one of the parents, but in their absence, it can be done by someone present at the birth, such as a doctor or midwife.

 

Required documents

When registering, the following documents must be provided:

- Parents' passports or other identity documents.

- Birth certificate from the hospital or midwife.

- Residence permit or other document confirming legal stay in the country (if applicable).

 

Registration procedure

Registration is carried out in the civil affairs department of the municipality. During registration, an official document will be issued — a birth certificate, which is the legal confirmation of the birth.

 

Choosing a name

In registering, parents must choose a name for the child. It is important to consider that there are certain naming rules in the Netherlands, which do not allow offensive or ridiculous names. The municipality may reject name registration if it does not meet the requirements.

 

Child's citizenship

The child's citizenship will depend on the parents' citizenship. If one or both parents are Dutch citizens, the child automatically acquires it. If both parents are foreigners, the child may obtain their parents' citizenship but may also be eligible for Dutch citizenship under certain conditions.

 

Inclusion in the municipal registry

After registering the birth of a child, they will be included in the municipal population register. This means that the child will be officially registered at the residence of one of the parents and will be assigned a unique identification number.

 

Consulate notification

Foreign parents must notify their country's consulate about the birth of the child so that they can be registered in their country if necessary. The consulate can also assist with obtaining a passport for the child.

Registering your own business in the Netherlands as a foreigner is a process that requires adherence to certain steps and rules.

 

1. Determining the type of business

Before starting the registration process, it is important to choose the appropriate form of business operation. Each form has its own management and taxation characteristics, so it is important to choose the one that best suits your business goals.

 

2. Registration with the Chamber of Commerce

All businesses in the Netherlands must be registered with the Chamber of Commerce (KvK). The registration procedure includes the following steps:

- Fill out the registration form: You can do this online on the KvK website or in person at the office. You must provide basic information about the company, including its name, legal address, type of activity, and form of business operation.

- Choose a company name: Ensure that your business name is unique and does not match with other registered businesses.

- Schedule an appointment at KvK: After completing the form, you will need to schedule an appointment at KvK to complete the registration.

 

3. Obtaining a KvK number and VAT number

After registration, you will receive a unique registration number, which will be used for all official dealings with government bodies and banks. Also, if your activity requires VAT payment, you will receive a VAT number.

 

4. Opening a bank account

To conduct business, you will need to open a bank account in the Netherlands. For this, you will need a KvK registration number, identification documents, and possibly a business plan. Some banks may also request proof of residential address and other documents.

 

5. Registration with tax authorities

In the Netherlands, tax obligations depend on the form of business operation. Sole proprietors, for example, will be required to file tax returns as individuals. Companies will need to register with the tax office to pay corporate tax.

 

6. Work and residence permits

If you are a citizen of a non-EU/EEA country, you may need a work and residence permit. This permit must be obtained before starting the business registration.

 

7. Additional licenses and permits

Depending on the type of business, you may need to obtain additional licenses or permits, for example, to open a cafe, sell alcohol, or provide medical services. These licenses can be obtained through the relevant municipal or governmental bodies.

Notarial services in the Netherlands may be required for conducting various legal transactions, such as buying real estate, entering into prenuptial agreements, making wills, and creating companies.

 

Language barriers and document translation:

- In the Netherlands, the official language of notarial documents is Dutch. If you do not speak Dutch, the notary is obliged to provide a translation of the document into a language you understand. This can be done through a sworn translator, and the notary can organize this process.

- In some cases, it is possible to prepare documents in English, especially if the notary has the appropriate qualifications and experience working with foreign clients.

 

Choosing a notary:

- Foreigners are free to choose any notary in the Netherlands. The cost of a notary's services is regulated, and most notaries adhere to standard rates, which may vary depending on the complexity of the case.

- It is recommended to choose a notary with experience working with foreign clients and an understanding of international legal aspects to avoid possible complications.

 

Procedures and requirements:

- It is important to know that some documents obtained outside the Netherlands may require legalization or apostille before they are recognized as valid within the country.

- A notary checks all legal aspects of the transaction, ensures compliance with all laws and regulations, and certifies the authenticity of signatures and documents.

 

Types of notarial services:

- Real estate purchase: A notary plays a key role in the real estate purchase process. They draft and certify the deed of sale, register the transaction in the land registry, and verify the legality of the transaction.

- Company formation: When creating a company, a notary prepares the founding documents and registers the company with the Chamber of Commerce.

- Wills and prenuptial agreements: A notary helps to draft and register wills and prenuptial agreements, ensuring their legal validity.

 

Additional services:

- A notary can also provide consultations on taxation and international law issues as they relate to notarial actions. This is especially relevant for foreigners with assets in multiple countries.

 

These measures will help ensure the correctness and legality of all legal actions.

Divorce is possible for both couples in a registered marriage and those in a civil partnership. It is important to note that divorce in the Netherlands can be initiated either jointly by both spouses or unilaterally by one of them.

 

Main stages of the divorce procedure:

 

1. Consulting a lawyer

- In the Netherlands, divorces are always processed through the court, and the participation of a lawyer is mandatory. The lawyer submits a divorce petition on behalf of one or both spouses. If both spouses agree to the divorce and have agreed on the terms, they can hire one lawyer, which simplifies and reduces the cost of the process.

 

2. Filing a petition in court

- The divorce petition is filed in the district court where one of the spouses resides. This petition specifies the reasons for the divorce and proposes terms, such as child custody, property division, and alimony.

 

3. Mediation and agreement

- If the spouses cannot reach an agreement on important issues, the court may offer mediation. Mediation helps the parties reach a mutually acceptable resolution on issues such as custody, alimony, and property division. If mediation does not lead to an agreement, the court will make a decision on the disputed issues.

 

4. Court hearing

- If an agreement between the spouses is not reached, the case goes to court. The court hears the arguments of the parties and makes a decision on all issues related to the divorce. This decision can include property division, the establishment of alimony, and the determination of child custody.

 

5. Final court decision

- The court issues a final divorce decree, which takes effect after being entered into the civil registry. After that, the marriage is officially considered dissolved.

 

6. Registration of the divorce

- The divorce must be registered in the municipality where the marriage was concluded. This is necessary for the official completion of the divorce process and updating the status in municipal registers.

 

Additional aspects:

- Children and alimony: If there are minor children, the court will consider their interests when determining custody and establishing alimony. The amount of alimony is based on the parents' income and the child's needs.

- Property division: In the Netherlands, spouses may enter into a prenuptial agreement that regulates property division. If there is no such agreement, property is divided equally.

 

Thus, the divorce procedure in the Netherlands requires the involvement of a lawyer and goes through the court. Proper documentation and adherence to legal procedures help avoid complications and ensure the rights of both parties.

 

 

Features for foreigners

The divorce procedure for foreigners in the Netherlands has several features that need to be considered.

 

Jurisdiction and applicable law

- If one or both spouses are foreigners, it is important to determine whether the Dutch court has jurisdiction to hear the divorce case. Dutch courts usually have jurisdiction if one of the spouses resides in the Netherlands. The length of residence in the country is also an important factor.

- If both spouses reside outside the Netherlands, the Dutch court is likely not to have jurisdiction to handle the case, and the divorce may need to be processed in the country of residence.

 

Choice of applicable law

- In the case of a divorce involving foreigners, the question may arise as to which law will apply to the case: Dutch law or the law of the country of which the spouses are citizens. This depends on several factors, including the spouses' place of residence, their citizenship, and the existence of a prenuptial agreement.

- Dutch law allows for the application of foreign law if this is specified in a prenuptial agreement, or if such law is more relevant in a specific case. However, if the parties cannot agree, the court may decide to apply Dutch law.

 

Legalization and recognition of divorce

- If a divorce is processed in the Netherlands, it is important to ensure that it will be recognized in the country of each spouse’s citizenship. Some countries require additional registration of the divorce or legalization (e.g., through an apostille) for its recognition.

- It is also important to consider that the conditions of the divorce set by the Dutch court (e.g., division of property or alimony) may not align with what is stipulated by the laws of other countries, which may lead to the need for additional resolution of issues in the country of origin.

 

Taxes and financial consequences

- Foreigners should consider the tax implications of divorce in the Netherlands. For example, the division of property or alimony payments may have tax consequences both in the Netherlands and in their country of citizenship. It is recommended to consult a tax advisor to avoid unexpected financial consequences.

 

Division of property and alimony

- If the spouses have property or assets abroad, this may complicate the process of their division. In some cases, the Dutch court may consider the division of assets located outside the country, but enforcing such decisions may require additional legal proceedings in the country where the assets are located.

 

Thus, the divorce procedure for foreigners in the Netherlands requires special attention to issues of jurisdiction, application of law, and recognition of the divorce abroad. Consultation with a lawyer specializing in international law can greatly simplify the process and help avoid complications.

Private lawyers and law firms

- Choosing a lawyer: In the Netherlands, there are many law firms and private attorneys who specialize in various aspects of law, including immigration, family, corporate law, etc. You can find a lawyer through the website of the Nederlandse Orde van Advocaten, which contains a directory of certified lawyers throughout the country.

- Consultations: Many lawyers offer an initial consultation for free or at a reduced rate, allowing you to determine whether to continue the collaboration.

 

Legal assistance at preferential rates

- If your income is below a certain level, you may qualify for subsidized legal assistance. This government-funded program covers part or all of your attorney’s fees. To apply, you need to contact the Legal Aid Board, which will assess your eligibility for such assistance.

- Participation in the program involves certain limitations on income level and asset value.

 

Legal consultations through unions and associations

- Some unions and professional associations provide legal assistance to their members. This may include consultations on labor disputes, social security issues, and other legal matters related to your professional activities.

- Membership in a union can provide access to free consultations and court representation.

 

Legal clinics and community organizations

- In the Netherlands, there are legal clinics and non-profit organizations that offer free or low-cost consultations. These services are often provided by law students under the supervision of experienced lawyers. They can help with simple legal questions and provide general legal information.

- Some organizations specialize in providing assistance to migrants and refugees, including legal support.

 

Online platforms and hotlines

- In the Netherlands, online platforms like Juridisch Loket offer free consultations on various legal issues. The website provides information on what steps to take in your situation and how to contact a lawyer.

- Hotlines and online chats are often available for initial consultations, which is especially convenient for those who do not speak Dutch.

 

Consultations in your language

- Many law firms in the Netherlands offer services in English and other languages, making it easier for foreigners to receive legal assistance. When choosing a lawyer or firm, make sure they can provide services in a language you understand.

 

Thus, obtaining legal assistance in the Netherlands for foreigners is available through various channels. It is important to properly assess your needs and financial capabilities to choose the most suitable way to get legal help.

In the Netherlands, the translation of official documents for legal and administrative purposes has its own features.

 

Sworn translators

- Official documents must be translated by a sworn translator. This is a translator who has been certified and sworn in by the court. Only translations made by such translators are recognized in courts and other government bodies.

- Translators are registered in a special government registry (Register beëdigde tolken en vertalers, Rbtv), and their services can be found through the official registry website.

 

Apostille and legalization

- If the translated document is intended for use abroad, it may need to be legalized or apostilled. In the Netherlands, an apostille is affixed to original documents, confirming their authenticity for international use. However, sometimes the translation itself may also need to be apostilled, especially if required by the destination country.

 

Language requirements

- Official documents must be translated into Dutch if they are to be used in the Netherlands, for example, for court proceedings or dealings with government agencies. However, if the document is intended for international use, the translation can be done in another official language recognized by the destination country.

 

Use in courts and government bodies

- Translations performed by sworn translators can be used in courts, government bodies, for marriage registrations, visa applications, and other official purposes. It is important to ensure that the document is translated and certified in accordance with the requirements set for the specific type of document and intended use.

 

These measures help ensure the legal validity of translated documents both in the Netherlands and abroad.

The judicial system of the Netherlands is independent and has a multi-level structure that ensures the handling of civil, criminal, and administrative cases.

 

Structure of the judicial system

- District Courts: These are courts of first instance that handle the majority of cases, including civil, criminal, and administrative cases. There are 11 district courts in the Netherlands, each covering a specific region.

- Courts of Appeal: If one of the parties disagrees with the decision of the district court, they may appeal to one of the four appellate courts. These courts review cases again and can either uphold or change the decision of the lower court.

- The Supreme Court of the Netherlands: This is the highest judicial authority that hears cassation appeals against decisions of the appellate courts. The Supreme Court checks the correctness of the law's application but does not review the factual circumstances of the case.

 

Specialized courts

- In the Netherlands, there are specialized courts for handling specific categories of cases. For example, commercial courts deal with corporate disputes, while administrative courts settle disputes between citizens and government bodies.

- There is also a family court that deals with matters related to divorce, child custody, adoption, and other family issues.

 

Principle of Independence

- The independence of the judiciary is one of the key principles in the Netherlands. Judges are appointed for life and cannot be dismissed without serious grounds.

 

Publicity and Transparency

- In the Netherlands, court proceedings are generally public, except in situations requiring the protection of the privacy of participants or state secrets. Court decisions are also published, promoting transparency and public oversight.

 

Alternative Dispute Resolution

- In addition to traditional courts, alternative methods of dispute resolution, such as mediation and arbitration, are actively developed in the Netherlands. These methods allow conflicts to be resolved without going to court, often being a faster and cheaper solution.

 

Role of Lawyers and Legal Consultants

- Parties in court often require representation by a lawyer, especially in complex cases. Lawyers play a crucial role in preparing and presenting the case in court and in protecting their clients' interests.

 

It is recommended that foreigners involved in legal proceedings seek qualified lawyers to ensure compliance with all necessary procedures and the protection of their rights.

Buying property in the Netherlands for foreigners is a process that requires a careful approach and compliance with a number of legal and financial procedures.

 

Right to Purchase Real Estate

- In the Netherlands, foreigners have the right to buy property under the same conditions as citizens of the country. There are no restrictions on owning property for EU residents and citizens of other countries.

 

Finding Property

- The buying process usually begins with finding a suitable property. This can be done through specialized websites, such as Funda.nl, or with the help of a real estate agent. An agent can assist with finding, viewing properties, and negotiating terms.

 

Preliminary Agreement

- When a suitable property is found, a preliminary purchase agreement is drafted. This document records the agreement between the buyer and the seller, including the price, terms, and conditions of the sale. After signing this document, the buyer has three working days to cancel the deal without penalties.

 

Financing the Purchase

- Most buyers in the Netherlands use a mortgage to finance their property purchase. Foreigners can apply for a mortgage with Dutch banks, but the terms and availability of the loan may depend on your residency status, income, and other factors. Banks may request additional documents, such as proof of income and credit history in your country.

 

Valuation and Inspection

- Before the deal is finalized, a property valuation and a technical inspection of the building are usually conducted. This is important for determining the real value of the property and identifying possible defects.

 

Notarial Execution of the Deal

- All real estate transactions in the Netherlands are formalized by a notary. The notary drafts the final purchase agreement and registers the transaction in the land registry. The notary also oversees the transfer of funds from the buyer to the seller, ensuring the deal's security.

 

Registration of Property

- After the deal is completed, the notary registers the transfer of ownership in the land registry. Only after this registration does the buyer become the official owner of the property.

 

Taxes and Additional Costs

- Purchasing property in the Netherlands comes with some additional costs, including notarial fees, real estate agent fees, property valuation costs, and a property transfer tax (usually 2% of the property's value). Foreigners should also consider mortgage arrangement costs if they plan to use borrowed funds.

 

Residence Permit

- Buying property in the Netherlands by itself does not grant the right to obtain a residence permit. If you wish to live in the Netherlands on a permanent basis, you will need to apply for an appropriate visa or residence permit in accordance with the country's immigration laws.

 

It is important to work with qualified professionals — a real estate agent, a notary, and, if necessary, a mortgage consultant — to ensure the successful completion of the transaction and the protection of your interests.

 

 

Features for Non-EU Foreigners

Buying real estate in the Netherlands for foreigners from countries outside the European Union has its own features that should be taken into account.

 

Financing and Mortgages

- Foreigners from non-EU countries may face stricter conditions for obtaining a mortgage from Dutch banks. Some banks may require a larger down payment (usually from 20% to 40% of the property value) or set higher interest rates.

- It is also important to have a stable and verified income that can be confirmed by the bank. In some cases, foreigners may be required to provide additional guarantees or sureties.

 

Right to Residence

- Purchasing real estate in the Netherlands does not automatically grant the right to reside in the country. If you plan to reside in the Netherlands on a permanent basis, it is necessary to obtain a residence permit through the relevant immigration program.

- The "Wealthy Investor" program may be an option for those planning to invest significant amounts in real estate or other assets in the Netherlands, but it requires meeting certain conditions and investments.

 

Taxes and Obligations

- Foreigners from non-EU countries are also required to pay property taxes, just like local residents. This includes the transfer tax (usually 2% of the property value) and the annual property tax.

- It is also important to consider potential taxes on rental income if the property will be used for commercial purposes.

 

Legal and Administrative Requirements

- To finalize a purchase transaction, foreigners must work with a notary who will confirm the legality of the transaction and register it in the land registry. It is important that all documents are properly processed and translated if necessary.

- In some cases, the legalization of documents or providing additional information to verify their authenticity may be required.

 

Restrictions on Purchasing Certain Types of Real Estate

- There are no explicit restrictions on purchasing residential real estate for foreigners in the Netherlands, but there may be restrictions on purchasing agricultural lands or historical sites. This is due to legal norms regulating the use of certain categories of land.

 

It is important to carefully study all aspects of the process and work with qualified specialists to avoid possible complications.

Guardianship over Children

- Joint Guardianship: In the Netherlands, both parents automatically receive joint custody over a child if they are married or in a registered partnership. If the parents are not married, the mother automatically receives custody, and the father must apply for joint custody in court.

- Foreigners and Guardianship: If one of the parents is a foreigner, their right to custody may depend on their immigration status and place of residence. In divorce cases where one parent is a foreigner, Dutch courts may consider international agreements and the legislation of the parent's country of origin when making custody decisions.

 

Adoption

- International Adoption: Foreigners can adopt a child from the Netherlands or through international adoption. The adoption procedure requires obtaining permission from the Ministry of Justice and ensuring that all requirements are met, including the evaluation of the adoptive parents' suitability.

- Adoption Procedure: It includes several stages, starting with the submission of an application to a specialized agency and ending with a court review of the case. The court assesses whether the adoption serves the child's interests and complies with legal norms.

- Criteria for Adoptive Parents: Foreign nationals must meet strict requirements, including age restrictions (adopters usually must be over 18 years old) and a stable financial and social standing.

 

Right to Residency and Citizenship

- Citizenship Questions: Adopted children may obtain Dutch citizenship under certain conditions, such as one of the adoptive parents holding Dutch citizenship. The naturalization process can be expedited in the case of adoption.

- Residency: Adopted children and their new parents must ensure obtaining all necessary residency permits. This is especially important if the adoptive parents are citizens of non-EU countries.

 

Specifics for Foreigners

- Foreigners residing in the Netherlands may face additional requirements regarding their rights to custody and adoption. For example, their right to adopt may depend on the legality of their stay in the country and the presence of a residence permit.

- International agreements and the requirements of the foreigner's country of origin may also be considered, which can complicate the adoption or custody process.

 

Thus, the procedures for custody and adoption in the Netherlands for foreigners require adherence to strict legal norms, ensuring the child's best interests, and consideration of international legislation. It is recommended to consult experienced lawyers specializing in family and international law to ensure compliance with all requirements and the successful completion of the process.