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Andrea, Esq.
Andrea, Esq., Attorney
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Can a male English citizen married to a female Dutch citizen,

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Can a male English citizen married to a female Dutch citizen, married approx. 20 years ago in the Netherlands, moved a couple of weeks after their marriage together to Oman and spent the first six years of married life in Oman ask for Oman divorce law in a divorce procedure filed in the Netherlands?

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

You are asking if the Court in the Netherlands will apply the law of Oman in divorce proceedings in the Netherlands,

 

 

Answer

 

The Netherlands Court will only apply its own divorce laws to divorce proceedings in their Courts, regardless of where the husband and wife resided and regardless of any request by either spouse to apply the divorce laws of another country.

 

 

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Customer: replied 3 years ago.

Dear XXXXX,


Thank you for your answer. A friend of mine is in this situation. Allegedly, her English husband, originally filing the divorce in a Dutch court, can apply Oman law under some kind of "International Law" loophole kind of thing. Do you know how this could be possible? Thank you.

Hi, Dolly,

 

Thank you for your follow-up of question and the opportunity to explain further,

 

There is no "loophole" in the law. There are times when it is appropriate to ask a Netherlands Court to apply the divorce laws of another country, such as in the case where one of the parties is a resident of another country at the time of the divorce, or if some real estate the couple owns is marital property and is located in another country, then it would be appropriate to ask the Netherlands Court to apply the law of another country. However, that is not the case with your friend.

 

If neither party is presently a resident of Oman and both parties live in the Netherlands, the fact that the couple resided in Oman for six years during their twenty-year marriage does not automatically give either spouse the right to choose the divorce laws of Oman to govern their divorce proceedings.



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ANDREA

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