Family Law

What does a family law attorney do?

A family law attorney advises and represents clients in divorce, Alimony, parental authority, visitation, parenting plans, division of assets, and international family matters. Family law attorneys are registered with the Netherlands Bar Association and litigate in the family chambers of the Dutch district courts and courts of appeal.

Within family law, legal, financial, and relational issues often converge. A specialized lawyer maps out the various aspects before steps are taken, ensuring you make an informed choice about the route that suits your situation.

What Falls under Family Law?

Family law governs the legal relationship between partners, between parents and children, and the consequences of the termination of a relationship or death. It includes divorce, Alimony, parental authority, parenting plans, child support, division of assets, and international family matters.

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 in the Netherlands always proceeds through the court and requires a lawyer to file the petition. The processing time averages six weeks to six months, depending on the degree of agreement between the parties and the complexity of the financial and care issues.

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?

Parents with minor children must draw up a parenting plan upon divorce, in which agreements regarding authority, residence, visitation arrangements, and child support are established. The parenting plan is a legal requirement (Article 815, paragraph 2 of the Code of Civil Procedure) and must be attached to the divorce petition before the court can grant the divorce.

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 in the Netherlands is calculated based on need and capacity according to the Trema standards, the national calculation guidelines of the Alimony Standards Expert Group. Both child support and spousal Alimony can be modified in the event of a substantial change in circumstances (Article 1:401 of the Dutch Civil Code), such as loss of income, remarriage, a new family, or a different 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 are divided according to the matrimonial property regime applicable to the marriage. Marriages entered into before January 1, 2018, fall by default under the general community of property; marriages thereafter fall under the limited community of property (Article 1:94 of the Dutch Civil Code), where pre-marital assets, inheritances, and gifts remain private property.

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 case occurs when parties have different nationalities, one of them lives or works abroad, the marriage was concluded abroad, or assets are present in multiple countries. In those cases, additional regulations apply that determine which court has jurisdiction and which national law is applicable.

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 for divorces in which both parties can still consult with each other and are willing to reach agreements together; having one’s own lawyer is appropriate for situations where interests diverge significantly or one party requires legal protection. In both routes, a lawyer is ultimately required to file the petition with the court.

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

A second opinion in a family law case is an independent legal assessment of your position and the strategy followed, without requiring you to change lawyers immediately. Simmelink Lawyers provides second opinions for ongoing proceedings regarding divorce, Alimony, parenting plans, and international family matters.

Appeal is possible against a court order in family matters, within three months of the ruling (Article 358 of the Code of Civil Procedure). The grounds for appeal are determined by law; timely advice is essential because the deadline is short and a new petition requires careful substantiation.

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.