Using Tort Action in Dutch Marital Captivity Cases in Order to Obtain a Foreign Divorce
by Fei An Kersten
Question(s) at stake
Whether a spouse’s refusal to cooperate with divorce proceedings under Iranian law, specifically by not appearing before the Iranian embassy after obtaining a civil divorce under Dutch law, may be considered wrongful towards the other spouse.
Outcome of the ruling
The spouse’s refusal to cooperate in the divorce may be considered wrongful depending on the balance of interests between the two parties. An important factor is the extent to which the spouse’s freedom to remarry is impeded by the failure to obtain a divorce that conforms to Iranian law.
Country:
Official citation
District Court Noord-Nederland, Judgement of 9 March 2022, ECLI:NL:RBNNE:2022:671 (Uitspraak Rechtbank Noord-Nederland, 9 maart 2022, ECLI:NL:RBNNE:2022:671).
Topic(s)
Keywords:
Dissolution of marriage and partnership Divorce Right to marry and to found a family Right to respect for family life Right to respect for private life Situations created abroad Legal toolbox Rights and freedoms
Tag(s):
Marital captivity Iranian marriage Iranian divorce law Tort