Your partner in international family inheritance law
In our increasingly international society, more and more people are faced with cross-border family and inheritance law issues. Whether you live abroad, marry someone of a different nationality, or own assets in multiple countries, international family and inheritance law matters can be complex. At Banning Advocaten, we have extensive experience with these international aspects and are happy to guide you through the complexities of different legal systems.
What does international inheritance & family law involve?
International inheritance and family law relates to legal matters in which elements from different countries play a role. This is the case when your personal or family situation involves a foreign element, such as a residence, nationality, marriage, or assets abroad.
International family law
The international aspect comes into play when you decide to marry abroad, if one or both partners live abroad, when one of the partners has a foreign nationality, or if there are assets abroad. In such situations, legal questions may arise: which law applies to your marriage and any prenuptial agreements? Which court has jurisdiction in a divorce? How are the interests of minor children protected?
International inheritance law
International inheritance law applies when the deceased had a different nationality than the country of their last residence, or when assets belonging to the estate are located in multiple countries. It is then necessary to determine which law applies to the estate, which court has jurisdiction over potential disputes, and how the estate should be distributed according to the applicable legal systems.
The international character makes these matters complex because different countries apply different rules for similar situations. What is legally valid in the Netherlands may not have legal effect in another country, and vice versa.
An important aspect is the recognition and enforcement of court decisions. This can concern a Dutch judgment that must be enforced abroad, or vice versa. For example, a Dutch court decision on a divorce must be recognized in the country where you live to have legal effect there.
Our experience with international inheritance & family law
Our lawyers have experience with the complexity of international family and inheritance law issues and guide clients through various cross-border situations:
- International marriages and relationships - Advising on legal matters in marriages between partners of different nationalities;
- Foreign prenuptial agreements – Advising on the validity of foreign prenuptial agreements in the Netherlands;
- International divorces - Guidance in divorces with a cross-border aspect;
- Cross-border child matters - Parental authority, visitation arrangements;
- Foreign assets and inheritances - Advising on inheritances with a cross-border aspect;
- Recognition of foreign decisions - Procedures for recognition of foreign judgments and deeds in the Netherlands;
- International child abductions - Urgent procedures for international child abduction under the Hague Convention on the Civil Aspects of International Child Abduction (HCCH);
When should you engage a lawyer with experience in international inheritance & family law?
The cross-border nature of family and inheritance law issues requires careful and timely legal advice. Incomplete information or incorrect assumptions can have far-reaching consequences that are difficult to rectify later.
For international relationships, it is wise to seek legal advice in advance. If you are going to marry someone of a different nationality, plan to marry abroad, or plan to live abroad, it is important to understand the legal consequences beforehand. Drafting a prenuptial agreement can be essential to prevent future uncertainties or problems. The choice of applicable law in these situations can also have significant consequences.
For international divorces, specialized legal guidance is indispensable. Determining which court has jurisdiction, which law applies, and how decisions are recognized in other countries is crucial for the outcome of the procedure. A well-considered process strategy and timely legal advice can make all the difference.
For cross-border child matters, quick action is often required. If there is a (threatened) child abduction abroad, special urgent procedures are available under the Hague Convention. Specialist knowledge is also required for international visitation arrangements.
For international estates, early advice is important to prevent heirs from facing surprises. If you have assets in multiple countries or expect to inherit from someone abroad, legal planning can prevent many problems.
For entrepreneurs with international activities, corporate, tax, and family law aspects can be closely intertwined. In such situations, it is essential that corporate structures and estate planning are aligned. This ensures that the interests of all parties, including the business, are safeguarded. Our lawyers work closely with the Corporate Law department to achieve this.
How we work
At Banning Advocaten, we follow a structured approach to international family and inheritance law matters, taking into account the complexity of different legal systems.
During the initial assessment, we analyze your situation to identify all relevant national and international aspects. We examine which countries, nationalities, residences, and assets are relevant. Based on this, we determine which legal systems are applicable and which legal questions need to be addressed.
We then analyze which law applies to your situation. This can vary for each aspect of your case: in an international divorce, the law governing the marital property may fall under a different legal system than the law applicable to, for example, spousal support. We advise you on the legal consequences of certain choices in advance and assist you with disputes where necessary.
Where necessary, we engage foreign lawyers to obtain local legal expertise. We have a network of reliable partners worldwide and coordinate collaboration to ensure you have a single point of contact.
In complex international proceedings, we advise you on the process strategy to follow. We assist you in legal proceedings where necessary. Sometimes it is strategically advantageous to act first in one country before proceeding in another. We monitor the various deadlines and procedures.
Throughout the process, we keep you informed of relevant developments in all involved countries. We translate complex legal concepts into clear advice, so you have a full understanding of the legal consequences of certain decisions in different legal systems.
Why choose our lawyers with expertise in international inheritance & family law
There are several reasons why clients choose the international expertise of Banning Advocaten:
- Specialist knowledge of international treaties - Extensive experience with international treaties, European regulations, and private international law;
- Comparative law expertise - Knowledge of different legal systems and their interrelations;
- Worldwide lawyer network - Reliable contacts with specialized lawyers worldwide;
- Multilingual support - Communication in multiple languages, including Dutch and Spanish, and translation of legal documents;
- Strategic litigation – Experience in pursuing the correct litigation strategy regarding the most favorable (inter)national court and applicable law;
- Urgent procedures - Knowledge of urgent procedures such as child abduction cases and international conservatory measures;
- Coordination of parallel proceedings - Guidance in simultaneous proceedings in different countries;
- Cultural insight - Understanding cultural differences that may affect legal proceedings;
- Multidisciplinary expertise - Combination of family law, inheritance law, and corporate law expertise in an international context;
- National accessibility - Offices in 's-Hertogenbosch and Amsterdam with international connections;
Are you dealing with international family or inheritance law issues? We are happy to advise and guide you through these complex international matters to prevent any unpleasant surprises. Contact us for a free consultation about your situation or book an appointment directly. Also, check out our other services in family and inheritance law.