Family Law

Themes within family law

Family law comprises six main themes. Below is an overview with direct links to the relevant pages:

• Separation.
  Separation (legal dissolution via consultation, mediation, or proceedings), divorce lawyer (specialist for settlement agreements and court proceedings), assets upon separation.
• Children.
  Parenting plan (authority, care distribution, residence, visitation).
• Alimony.
  Alimony (child and spousal support, calculation and modification according to Trema standards).
• Mediation.
  Mediator or lawyer for separation (comparison of routes and what suits your situation).
• International.
  International family law (separation, child abduction, cross-border asset issues).
• Second opinion and appeal.
  Second opinion for ongoing proceedings, plus appeal within three months (Article 358 of the Code of Civil Procedure).

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 regulates the legal relationship between partners, between parents and children, and the consequences of ending a relationship. The most important legal source is Book 1 of the Dutch Civil Code (marriage, authority, alimony, descent). In addition, Article 8 ECHR (right to family life) and the European Regulation Brussels II-ter (jurisdiction in cross-border family matters) are of importance.

According to figures from Statistics Netherlands (CBS), over 25,000 divorces were granted in the Netherlands in 2024; approximately 35 percent involved marriages with minor children. In Simmelink files, we see that for separations with international aspects or complex asset structures, the lead time is generally longer than for standard divorces, mainly due to the additional analyses required for jurisdiction and applicable law.

How does a divorce proceed in the Netherlands?

A divorce in the Netherlands proceeds through the court and requires a lawyer to file the petition (Article 815, paragraph 1 of the Code of Civil Procedure). The lead time is between two to four months in case of agreement and six weeks to six months in case of dispute, depending on the complexity and the court’s schedule.

The choice between mediation, collaborative divorce, or court proceedings depends on the degree of agreement and the nature of the disputes. Read 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 practice, when there are disputes over care distribution, judges weigh three factors: the existing caregiving role of each parent, practical feasibility (work, place of residence, school), and the age and wishes of the child. In the absence of agreement, the judge can establish an arrangement themselves based on Article 1:253a of the Dutch Civil Code. Read more about the parenting plan.

How is alimony calculated and modified?

In the Netherlands, alimony is calculated based on need and financial capacity according to the Trema standards, the national calculation guidelines of the Alimony Standards Expert Group. Annual indexation applies automatically unless parents agree otherwise; for 2026, the indexation is 4.6 percent.

Modification of both child support and spousal alimony is possible in the event of a substantial change in circumstances (Article 1:401 of the Dutch Civil Code), for example, in case of loss of income, remarriage, a new family, or a different care distribution. Read more about calculating, modifying, and terminating alimony.

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 (own business, director-major shareholder structure, share portfolio, or multiple real estate properties), additional analysis is required. In Simmelink files, we see that the valuation of a business and the tax consequences of allocation are often more decisive than the legal qualification alone. Read more about division of assets 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 determines which court has jurisdiction for divorce and authority matters.

The Hague Convention on International Child Abduction applies to child abduction. Simmelink Lawyers assists expats, families with multiple nationalities, and clients with assets abroad. Read more about international family law.

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 where a party requires legal protection. In both routes, a lawyer is ultimately required to file the petition with the court.

Both routes are not mutually exclusive. A lawyer can provide input alongside a mediation process or give a second opinion on agreements reached during mediation. Read more about the choice between mediator and lawyer.

When is a second opinion useful?

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.

An appeal against a court order in family matters is possible within three months of the ruling (Article 358 of the Code of Civil Procedure). The grounds are determined by law and the deadline is final. Timely assessment of the ruling is therefore important: a second opinion provides that review within the appeal period. Read more about the second opinion and appeal procedure.

Our Approach

Simmelink Lawyers works on an hourly basis with one dedicated lawyer per file. The approach is focused on peace of mind and strategy: bringing structure and overview to a situation that is under legal and personal pressure. No rotating file handlers, no unexpected transfers.

The process follows fixed steps. During an intake interview, we start the legal assistance and a file is opened. During a consultation, you discuss your situation legally at an hourly rate, without further work following. After your registration, our secretariat will contact you within one business day.

Clients meet us at our office in Maarssen or fully remote via secure video calling, throughout the Netherlands and internationally. Read more about our method or 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, and the question of which court had jurisdiction and which law applied to the parenting plan required an analysis of Brussels II-ter and the children’s habitual residence. 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. The legal analysis of the asset position and the consultation on the division were deployed in parallel, 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 alimony. 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 based on Article 1:401 of the Dutch Civil Code. 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 divorce, a parent requested a revision of the parenting plan due to a planned move to another province. The other parent contested the visitation arrangement. The legal assessment of both parties’ positions, followed by consultation, led to an adjusted arrangement that took into account the new living situation and the best interests of the children.

Trust and quality

Simmelink Lawyers is affiliated with the Dutch Bar Association.
Read more about our reviews or see how we work via our working method.