Divorce in the Netherlands: Why Annette Roque Cannot File for Divorce From Matt Lauer in Her Native Holland

DIVORCE IN THE NETHERLANDS: ANNETTE ROQUE COULD FILE FOR DIVORCE FROM MATT LAUER IN HER HOMELAND ONLY AFTER ESTABLISHING RESIDENCY FOR AT LEAST ONE YEAR

Annette Roque cannot file for divorce from Matt Lauer in the Netherlands in spite of the fact that Annette is a national of the country. Why? Because it does not appear that she “resides” there.

In order to file for divorce from Matt Lauer in the Netherlands, Annette will have to satisfy certain conditions. For example: both she and Matt Lauer would have to be living in the Netherlands at the time of her filing. While Annette has recently flown to the Netherlands to be with family after Matt’s scandalous firing from NBC, there is no indication that she and Matt live in the country or has ever lived in the country.

Another basis on which Annette Roque could file for divorce from Matt Lauer in the Netherlands is if she could show that the Netherlands is the place they last had a marital residence. Obviously this is a no go because their marital residence is in…the Hamptons? That is a question because the reports coming in from Pagesix and elsewhere is that Annette basically lived alone in the Hamptons with the kids and Matt lived in their Manhattan apartment. So which is the marital residence? The marital residence is usually defined as the place the married couple resides together for the majority of time. In Matt and Annette’s case, this could either be the Manhattan apartment or the Hampton’s house, or neither. It is possible in fact that they have an apartment or house in the Netherlands. Could that be considered the marital residence? Unlikely. They certainly did not live there full time or even half time from the sound of things. But if it is the place where they actually spent the most time as a couple, then conceivably, the Court could decide that it has jurisdiction. It is unlikely but possible.

How else could Annette file for divorce from Matt Lauer in the Netherlands? Well, the court could establish jurisdiction if she lives in the Netherlands for one year. So she would have to remain there and enroll the children in school in order to establish residency and then file.

But why would she even want to do that? The courts of New York are fully capable of adjudicating this divorce. With a marriage of this length and duration, she will come out of this OK with close to half the assets – assuming there is no prenup that says otherwise. The reason she may want to file for divorce from Matt in the Netherlands, though, is that the law in the Netherlands will give her 50 percent of the marital assets, period. It is a community property regime in the Netherlands and in contested cases, the general consensus seems to be that the court will err on the side of a 50 percent split.

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