International Private Law on Persons and Family Matters



Names



Marriage and Registered Partnership

 

 



Marital Property Law

Scope: Establishing common provisions concerning the effects of marriage on the rights and duties of spouses in their personal relationship and with regard to their marital property.
Parties Italy, Portugal and Romania (all being EU Member States). The following Contracting Parties have denounced the Convention: Germany, France, the Netherlands, Poland and Sweden.

 

 



Dissolution of Marriage (Divorce)

  • Convention on the Recognition of Decisions Relating to the Validity of Marriages (Luxembourg, 8 September 1967)   [See for more details: Dutch Treaty Data Base]

    Scope: Facilitation of the recognition, within the territory of all the Contracting States, of decisions concerning the matrimonial bond given in any of those States.
    Parties: Turkey (and the following EU Member States:) Austria and the Netherlands. Signed but not yet ratified by Belgium, France, Germany and Greece (all being EU Member States). In relations between EU Member States mutually the Brussels II Regulation 2003 takes precedence over the Luxembourg Convention of 8 September 1967 on the Recognition of Decisions Relating to the Validity of Marriages, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Regulation 2003).

  • Convention of on the Recognition of Divorces and Legal Separations (the Hague, 1 June 1970)   [See for more details: Dutch Treaty Data Base]

    Scope: The recognition in one Contracting State of divorces and legal separations obtained in another Contracting State which follow judicial or other proceedings officially recognized in that State and which are legally effective there. It does not apply to findings of fault or to ancillary orders pronounced on the making of a decree of divorce or legal separation; in particular; it does not apply to orders relating to pecuniary obligations or to the custody of children.
    Parties: Australia, China, Egypt, Norway, Switzerland (and the following EU Member States:) Cyprus, Czech Republic, Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Sweden and the United Kingdom. In relations between EU Member States mutually the Brussels II Regulation 2003 takes precedence over the Hague Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Reguation 2003).

Scope: As far as it concerns Chapter II-A: Harmonisation of conflict-of-law rules in matters of divorce and legal separation, based in the first place on the choice of the spouses. The choice is confined to laws with which the spouses have a close connection by virtue of their last common habitual residence if one of them still resides there, the nationality of one of the spouses, the law of the State of their previous habitual residence or the law of the forum.
Parties: All EU Member States, with the exception of Denmark, are a party to the Brussels II Regulation 2003, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

 

 



Maintenance Obligations (Alimony)

Scope: The prupose of this Convention is to facilitate the recovery of maintenance to which a person, who is in the territory of one of the Contracting Parties, claims to be entitled from another person, who is subject to the jurisdiciton of another Contracting Paty. This purpose shall be effected through the offices of transmitting and receiving agencies.
Parties: Algeria, Argentina, Australia, , Barbados, Belarus, , Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Cambodia, Cape Verde, Central African Republic, Chile, China, Colombia, Croatia, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Holy See, Israel, Macedonia, Mexico, Monaco, Morocco, New Zealand, Niger, Norway, Pakistan, Philippines, Sri Lanka, Suriname, Switzerland, Tunisia, Turkey, Uruguay (and the following EU Member States:) Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Notice that a lot of these countries are also a member state of The Hague Conventions of 1958 and 1973 concerning the recognition and enforcement of decisions relating to maintenance obligations and The Hague Conventions of 1956 and 1973 on the law applicable to maintenance obligations (this is, however, not the case with, Algeria, Barbados, Burkina Faso, Cape Verde, Central African Republic, China, Colombia, Guatemala, Haiti and Kazakhstan). While the New York Convention of 20 June 1956 on the recovery abroad of maintenance (United Nations) establishes arrangements on administrative co-operation between the competent authorities, the Hague Conventions give rules with regard to jurisdicition, the applicable law and the recognition and enforcement of judgments.

Scope: This Agreement applies to maintenance obligations arising from a family relationship or parentage, including a maintenance obligation towards a child born out of wedlock. However, a maintenance obligation towards a spouse or former spouse where there are no minor children will be enforced in the United States under this Agreement only in those states and other jurisdictions of the United States that elect to do so. This Agreement applies to the collection of payment arrears on a valid maintenance obligation and any applicable interest on arrears and to the modification or other official change in amounts due under an existing maintenance decision. The remedies provided for in this Agreement are not exclusive and do not affect the availability of any other remedies for the enforcement of a valid maintenance obligation.
Parties (bilateral): United States of America and the Netherlands.


 



Consanguinity (Descendancy)

 

 



Adoption

 

 



Protection of Minors and Adults

  • Brussels II Regulation 2003 (Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000)

    Scope: Regulation between EU Member States on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. This Regulation applies, whatever the nature of the court or tribunal, in civil matters relating to (a) divorce, legal separation or marriage annulment; (b) the attribution, exercise, delegation, restriction or termination of parental responsibility, like rights of custody and rights of access, guardianship, curatorship and similar institutions, the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child, the placement of the child in a foster family or in institutional care, measures for the protection of the child relating to the administration, conservation or disposal of the child's property. The Brussels II Regulation 2003 doesn’t apply to (a) the establishment or contesting of a parent-child relationship; (b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; (c) the name and forenames of the child; (d) emancipation; (e) maintenance obligations; (f) trusts or succession; (g) measures taken as a result of criminal offences committed by children.
    Parties: All EU Member States, with the exception of Denmark, are a party to the Brussels II Regulation 2003, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

  • Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the Hague, 19 October 1996)   [See for more details: Dutch Treaty Data Base]

    Scope: The Convention applies to children from the moment of their birth until they reach the age of 18 years with regard to (a) the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation; (b) rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child's habitual residence; (c) guardianship, curatorship and analogous institutions; (d) the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child; (e) the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution; (f) the supervision by a public authority of the care of a child by any person having charge of the child; (g) he administration, conservation or disposal of the child's property.
    Parties: Albania, Armenia, Australia, Ecuador, Morocco, Monaco and Ukraine (not ratified yet by Switzerland) (and the following EU Member States:) Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Slovenia (not ratified yet by: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany,Greece, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Spain, Sweden and the United Kingdom). As concerns the relation of the Brussels II Regulation 2003 with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, the Brussels II Regulation 2003 shall apply (a) where the child concerned has his or her habitual residence on the territory of a Member State and (b) as concerns the recognition and enforcement of a judgment given in a court of a Member State on the territory of another Member State, even if the child concerned has his or her habitual residence on the territory of a third State which is a contracting Party to the Hague Convention of 19 October 1996 (Article 61 Brussels II Regulation 2003).

Scope: The Convention regulates different situations relating to the right of custody in specific situation of improper removal of a child. 'Improper removal' means the removal of a child across an international frontier in breach of a decision relating to his custody which has been given in a Contracting State and which is enforceable in such a State; improper removal also includes (1º) the failure to return a child across an international frontier at the end of a period of the exercise of the right of access to this child or at the end of any other temporary stay in a territory other than that where the custody is exercised and (2 º) a removal which is subsequently declared unlawful within the meaning of Article 12 of the Convention.
Parties: Andorra, Iceland, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Serbia, Switzerland, Turkey and Ukraine (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom. In relations between EU Member States the Brussels II Regulation 2003 takes precedence over the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Regulation 2003).

    Scope: The international protection of children from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access. The Convention ceases to apply when the child attains the age of 16 years.
    Parties: Albania, Argentina, Armenia, Australia, Bahama's, Belarus, Belize, Bosnia and Herzegovina, Brazil, Burkina Faso, Canada, Chile, China, Colombia, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Fiji Islands, Georgia, Guatemala, Honduras, Iceland, Israel, Macedonia, Mauritius, Mexico, Moldova, Monaco, Montenegro, Nicaragua, New Zealand, Norway, Panama, Paraguay, Peru, Saint Kitts and Nevis, San Marino, Serbia, Seychelles, South Africa, Sri Lanka, Switzerland, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United States of America, Uruguay, Uzbekistan, Venezuela and Zimbabwe (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. In relations between EU Member States the Brussels II Regulation 2003 takes precedence over the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Reguation 2003).

    • Act for the Implementation of Child Abduction Conventions

    Scope: The judicial or administrative authorities of the State of the habitual residence of an infant have power, subject to the provisions of Articles 3 and 4, and paragraph 3 of Article 5 of the present Convention, to take measures directed to the protection of his person or property. The authorities having power by virtue of the terms of Article 1 shall take the measures provided by their domestic law. That law shall determine the conditions for the initiation, modification and termination of the said measures. It shall also govern their effects both in respect of relations between the infant and the persons or institutions responsible for his care, and in respect of third persons.
    Parties: China, Switzerland and Turkey (and the following EU Member States:) Austria, France, Germany, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal and Spain.

    Scope: This Convention applies to the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests. Its objects are (a) to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the adult; (b) to determine which law is to be applied by such authorities in exercising their jurisdiction; (c) to determine the law applicable to representation of the adult; (d) to provide for the recognition and enforcement of such measures of protection in all Contracting States; (e) to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.
    Parties: Cyprus, Czech Republic, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Poland, Switzerland and the United Kingdom (all being EU Member States).

 

 



Law of Succession

  • Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions (the Hague, 5 October 1961)   [See for more details: Dutch Treaty Data Base]

    Scope: Establishing common provisions on the conflicts of laws relating to the form of testamentary dispositions.
    Parties: Antigua and Barbuda, Armenia, Australia, Bosnia and Herzegovina, Botswana, Brunei, China, Croatia, Fiji, Grenada, Israel, Japan, Lesotho, Macedonia, Mauritius, Montenegro, Norway, Serbia, South Africa, Swaziland, Switzerland, Tonga and Turkey (and the following EU Member States:) Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Slovenia, Sweden and the United Kingdom.

    • Act for the approval of the Hague Convention of 5 October 1961
    • Act for the Implementation of the Hague Convention of 5 October 1961