Family Law

What Falls under Family Law?

Family law is part of civil law and concerns the legal structure of family and domestic relationships. It governs legal certainty, responsibilities, and a careful balancing of interests when family relationships raise legal questions.

The primary legal sources are Book 1 of the Dutch Civil Code (marriage, parental authority, alimony, descent), Article 8 ECHR (right to family life), and the European Brussels II-ter Regulation (jurisdiction and recognition in cross-border family matters).

Family law includes, among other things: divorce and legal separation, parental authority and parenting plans, child support and spousal maintenance, division of assets and pensions, and international family matters.

Overview of themes within family law

Below are the most important themes within family law, with a direct link to the relevant page.

• Separation: legal dissolution of marriage or partnership, through consultation, mediation, or legal proceedings.
• Divorce lawyer: specialist in consultation, settlement agreements, and court proceedings.
• Parenting plan: agreements on parental authority, care distribution, residence, and contact.
• Child support: calculation and modification based on Trema standards.
• Spousal maintenance: financial capacity, need, and modification.
• Modifying alimony: procedure in case of changed circumstances.
• Parental authority: parental authority, choice of school, and relocation.
• Assets upon separation: division of assets, debts, and business interests.
• Pension upon separation: equalization, conversion, and international pension schemes.
• Mediation: guided resolution without court proceedings.
• International family law: separation, child abduction, and cross-border asset issues.
• Mediator or lawyer for separation: comparison of routes and what suits your situation.
• Appeal: procedure when you disagree with the court’s ruling.
• Online separation: guidance entirely remote via secure video calling.

How does a divorce proceed in the Netherlands?

A divorce proceeds through the court. A lawyer is mandatory for filing the petition. If both parties reach an agreement, a joint petition can be filed. If situations differ or there is conflict, each party must engage their own lawyer.

The lawyer advises on your legal position, drafts or reviews the divorce settlement agreement, and considers the long-term consequences. The choice between mediation, collaborative divorce, or court proceedings depends on the circumstances and the degree of agreement. More about the divorce procedure.

What do you arrange for children during separation?

If there are minor children, drafting a parenting plan is mandatory. It sets out agreements on parental authority, residence, contact arrangements, and child support. The plan must be legally sound and align with the practical situation.

In many cases, parents can reach agreements through mutual consultation, sometimes with the guidance of a mediator. The lawyer legally reviews the agreements made and advises on what can be revised in the event of changed circumstances. More about separating with children.

How is alimony calculated and can it be modified?

Alimony is calculated based on financial capacity and need, using the national Trema standards. Both child support and spousal maintenance can be revised if circumstances have changed significantly, such as changes in income, a new family, or a change in the distribution of care.

A lawyer assesses whether modifying alimony is feasible based on the specific situation and guides the procedure. In many cases, consultation or mediation is a faster and more cost-effective route than court proceedings. More about the alimony calculation.

How are assets divided upon separation?

In a divorce, assets and debts must be divided. What qualifies for this depends on the prenuptial agreement or the statutory system of community of property. Until 2018, the general community of property applied; since then, the limited community of property applies.

In complex asset situations, such as a private business, DGA structure, share portfolio, or multiple real estate properties, additional analysis is required. More about asset division upon separation and pension upon separation.

When is a case considered an international family matter?

An international family matter occurs when parties have different nationalities, one of them lives or works abroad, or if assets are present in multiple countries. In these situations, additional rules apply regarding court jurisdiction and applicable law.

Within the European Union, the Brussels II-ter Regulation applies to jurisdiction and recognition in divorce and parental authority cases. For child abduction, the Hague Convention on International Child Abduction applies. Depending on the circumstances, other treaties may also be relevant.

Simmelink Lawyers guides expats, multi-national families, and clients with assets abroad. More about international family law and international separation.

Mediator or lawyer: what suits your situation?

Mediation is suitable when communication is still possible and both parties are willing to reach agreements together. A mediator guides the process neutrally and safeguards the interests of both sides. Your own lawyer represents your interests exclusively and guides the legal procedure.

The choice is not always exclusive: a lawyer can provide input alongside a mediation process or give a second opinion on proposals from mediation. You can read more about the difference on the page mediator or lawyer for separation. An advisory consultation helps you determine which route suits your situation.

Second opinion and appeal

Are you already involved in proceedings with another firm and unsure about the course of action? A second opinion provides an independent legal assessment of your position and possible routes, without requiring you to switch lawyers immediately.

If you disagree with a ruling, an appeal may be an option. The deadlines for this are short, and the grounds are determined by law. Timely advice is essential.

Our Approach

Each client is guided by a dedicated lawyer who oversees the entire file and communicates discreetly. Simmelink Lawyers works on an hourly basis. The approach is focused on strategy and peace of mind: bringing structure and clarity to a situation that is under legal and personal pressure.

The process follows several steps: intake and analysis of facts and documents, legal assessment and strategic advice, consultation or mediation where possible, proceedings at the district court or the court of appeal if necessary, and completion with compliance with agreements.

Simmelink Lawyers is located in Maarssen and guides clients at the office or entirely remotely via secure video calling. For clients from the Utrecht region, a family law lawyer in Utrecht is available. More about the rates and costs.

Practical examples

International separation with children in two countries

A family with two nationalities requested guidance for their divorce after the partners had moved to different countries. The children stayed alternately in both countries. The question of which court had jurisdiction and which law applied to the parenting plan required an analysis of Brussels II-ter and the parties’ situation. After a legal assessment, a route was determined that aligned with the best interests of the children and the legal position of both parents in their respective countries.

Entrepreneur with a complex asset structure upon separation

A director-major shareholder requested guidance on the division of assets, where both the value of the business and a pension scheme under own management had to be assessed. The prenuptial agreement proved to be open to interpretation on several points. A process was initiated in which legal analysis of the asset position and consultation on the division went hand in hand, aimed at an enforceable arrangement without court proceedings.

Alimony modification after a decrease in income

Following a dismissal, a client struggled to pay the established spousal maintenance. The financial situation had changed drastically compared to the situation at the time of the original order. After assessing financial capacity and need, a request for modification was filed. The procedure led to a recalculation that was proportionate to the new circumstances of both parties.

Revising a parenting plan after relocation

Following a previous separation, a parent requested a revision of the parenting plan due to a planned move to another province. The other parent contested the contact arrangement. A lawyer assessed the legal position of both parties, after which an adjusted arrangement was established through consultation that took into account the new living situation and the interests of the children.

Over Simmelink Lawyers

Simmelink Lawyers specializes in family law, international family law, and inheritance law.
We advise individuals, entrepreneurs, and international clients.
The firm stands for composure, structure, and strategic guidance in family matters.

The team at Simmelink consists of specialized family law lawyers with experience in civil law, inheritance law, and international proceedings.
Our lawyers are members of the Netherlands Bar Association.

About this Page

This page is prepared by Mr. C. Simmelink, attorney-at-law specialising in (international) family and inheritance law at Simmelink Attorneys.
With more than 20 years of experience, she advises and represents clients in the Netherlands and abroad with calm, clarity and a strategic approach.