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Marrying in the Netherlands and move to France

Hi peeps,
As my subject stipulates my fiancée and I finally decide to get married in Amsterdam by the end of this summer as it's easier to do it there but then we want to move out to go live in south of France cause we both love it there. So as mention before I'm from Mauritius and she's a dutch native citizen, Therefore to avoid to go through hell with all the procedure regarding the inburgerings exam, application for the mvv etc we decided to move out of the country after our wedding.
My questions are: 1.what are the marital rules regarding marriage in the Netherlands for example, in case one of us doesn't work the other one has to pay him/her 50% of his/her salary or in case of divorced the dutch citizen has to give the non citizen a kind of lifetime pension. Can someone clarify this for me plz.
2.What is the difference between the marital rules of Netherlands and France for example?
3.Do I have to be on the Netherlandish territory to make the appointment for the wedding and also after how many days after the wedding do we get all the documents?

Thanks if anyone can help, will really appreciate it.

Regards,
Sam

You're really talking about divorce, not marriage.  If you are living in France at the time of your divorce, then unless you have both signed a prenuptial agreement that is acceptable in a French court (not all countries accept prenups), Dutch law will have no relevance.

If you are living in Holland at the time of your divorces, then unless you have both signed a prenuptial agreement saying something different and that prenup does not break any Dutch laws, then the Dutch principle of 'general community of property’ applies, where indeed all of your money/property is split 50/50 from the moment you marry.

With regards to spousal support after a divorce, current Dutch law allows for either party to apply for this either at or at any time after the divorce; there is an investigation as to whether the applicant needs it and the other party can afford it.  There is a 12 year limit from the date the divorce is granted on such payments.

The rules for foreigners getting married in Holland can be seen at the following link.

Hope this helps.

Cynic
Expat Team

I did think that, talking of divorce already and not even married yet :/

Are you sure you want to get married?

Hi guys,
I understand that you are sceptic when someone is asking clarifications regarding divorce before even getting married but I just wanted to have some explanations of how does it work.
I was not aware about those rules until recently and in my country it's completely different that's why I wanted to clarify this.
Anyway I have another question, so if after getting married in the Netherlands we decide to move to any EU country (in our case in France) abut after some years let's say 2 years we decide to come back to Holland, do I still have to do the exam and request the mvv visa?

Sam_El Mauriziano :

...... Anyway I have another question, so if after getting married in the Netherlands we decide to move to any EU country (in our case in France) abut after some years let's say 2 years we decide to come back to Holland, do I still have to do the exam and request the mvv visa?

Currently, yes and yes; but who knows what the rules will be in 2 years time.

If your ultimate plan is to live in Holland, then I would advise you to do so while you still can, who knows what the politicians will do in the future.

But what about the european citizen title that my wife at that time will have? As far as I understood if any EU citizen live and work in any other EU country for more than 6 months he/she can come back to her own country and bring along with her/him wife or husband or even partner and they don't have to undergo the inburgerings exam and apply for mvv. Is that right?

You can only avoid that if you can prove you've been married for a minimum of three years and living on the same address in any other country than the Netherlands.

If your goal is to live in the Netherlands together, what is the problem of learning Dutch? That's at least what you can do, you can't expect that everyone speak English with you. It will become handy too if you want to search for a job.

Sam_El Mauriziano :

But what about the european citizen title that my wife at that time will have? As far as I understood if any EU citizen live and work in any other EU country for more than 6 months he/she can come back to her own country and bring along with her/him wife or husband or even partner and they don't have to undergo the inburgerings exam and apply for mvv. Is that right?

I've never heard of some special "the european citizen title", so I'm assuming you mean she's Dutch and entitled to the same rights as any other member state of the EU.  With regards to Holland specifically, the rules regarding the Integration requirements for a spouse or registered partner are described here.

One of the 'requirements' is "You have passed the civic integration examination abroad or you are exempt from taking this examination"; the exempt is defined amongst other things (and it's this I'm assuming you're referring to, is " long-term resident", so basically hold a residence permit for another EU country.  There is also an income requirement for your partner to prove she can support you (unless of pension age or be incapable of working).

Hope this helps.

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