Family Law Attorney

What does a family law attorney do?

A family law attorney advises and litigates in cases of divorce, alimony, parental authority, contact, parenting plans, and the division of assets. In international files, this also involves jurisdictional questions, applicable law, and cross-border asset issues.

The role differs per phase. During orientation, it involves clarifying the legal position and possible routes. During negotiation, it involves drafting or reviewing a settlement agreement or parenting plan. In proceedings, the lawyer files the petition, conducts the oral hearing, and monitors deadlines.

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. Read more on the page about the role of a family law attorney.

When should you engage a family law lawyer?

Early advice provides more oversight and control than guidance that only starts when a situation has stalled. In Simmelink files, we see that an initial conversation at the start of a process often brings clarity about what is and is not legally possible, which prevents parties from committing to agreements that are difficult to revise later.

Legal guidance is advisable in these situations:

• You are considering a divorce or are in conflict with the other party regarding the settlement.
• You want to have agreements regarding children, custody, or alimony legally reviewed or recorded.
• Existing agreements no longer fit changed circumstances, such as a relocation, a new relationship, or a change in income.
• International aspects are involved, such as a partner with a foreign nationality, assets abroad, or a move across the border.
• You have doubts about your position in ongoing proceedings at another firm.

In a consultation, we map out your legal situation and discuss which routes are available. After your registration, our secretariat will contact you within one business day.

How does a divorce proceed?

A divorce always goes through the court and requires a lawyer to file the petition. The processing time is between six weeks and six months, depending on the degree of agreement and the complexity of financial and care issues.

There are three main routes. In a joint petition, both partners engage one lawyer together and the petition is filed jointly, based on a settlement agreement. In a unilateral petition, each partner has their own lawyer and one party files the petition. In mediation, a lawyer-mediator guides the consultation jointly, followed by one of the two options for formal filing.

Which route is appropriate depends on the degree of agreement, the presence of minor children, and the complexity of the assets. You can read more about the steps on the divorce page.

What do you arrange for children during separation?

Parents with minor children must draw up a parenting plan in which agreements on custody, residence, contact arrangements, and child alimony are recorded. The parenting plan is legally mandatory (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.

The best interests of the child are paramount in the court’s assessment. In practice, when there are disputes over the division of care, judges usually weigh three factors: the existing care role of each parent, practical feasibility (work, place of residence, school), and the age and wishes of the child. Co-parenting can be an appropriate form if parents live close to each other and can cooperate.

Modification of a parenting plan is possible in the event of significant changes. Read more about drafting or modifying a parenting plan.

How is alimony calculated and modified?

Alimony is calculated based on need and capacity to pay according to the Trema standards, the national calculation guidelines of the Alimony Standards Expert Group. For 2026, the statutory indexation is 4.6 percent.

Modification of both child alimony and partner alimony is possible in the event of a substantial change in circumstances (Article 1:401 of the Dutch Civil Code). A lawyer assesses whether the grounds for modification are present and which calculation fits the new situation. Examples include loss of income, remarriage, a new family, or a significant change in the division of care.

Read more about calculating and modifying 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), a specialist assessment 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.

When is a case considered an international family matter?

A family case is international when parties have different nationalities, one of them lives or works abroad, the marriage was entered into 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 divorce and children. The first court seized determines the further settlement: a lis pendens rule that can be decisive in fast-paced procedural tactics. For law applicable to divorce, Rome III applies, in which the Netherlands has participated since 2012.

In cross-border asset issues and child abduction, additional treaties come into play, including the Hague Convention on International Child Abduction. Read more on the international family law page.

Mediator or lawyer: when is which route appropriate?

Mediation is suitable for divorces in which both parties can consult and want to reach agreements together. Having one’s own lawyer is suitable for situations where interests diverge significantly or where a party needs 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 advice alongside a mediation process or give a second opinion on agreements reached in mediation. Read more about the choice between mediator and lawyer.

When is a second opinion useful?

A second opinion in family law is an independent legal judgment on your position and the strategy followed, without you having to switch lawyers immediately. Simmelink Lawyers provides second opinions in ongoing proceedings regarding divorce, alimony, parenting plans, and international family matters.

An 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 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 working method 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. After your registration, our secretariat will contact you within one working day to schedule a consultation or intake interview. During an intake interview, we initiate legal representation and a file is opened. During a consultation, you discuss your legal situation at an hourly rate without any further follow-up actions.

Clients meet us at the office in Maarssen or entirely remotely via secure video calling, throughout the Netherlands and internationally. Read more about our working method or rates and costs.

Practical examples

Divorce with own business and complex valuation

Two partners had built up a business together, where one partner was the director-major shareholder and the other had been less visibly involved in the business operations. In their intended divorce, the question arose as to how the value of the business should be divided and what the tax consequences of allocation would be.

The legal assessment required an audit of the matrimonial property regime, a business valuation with a tax specialist, and a choice between continuation by one partner or liquidation. The careful construction of the settlement agreement with clear settlement moments and tax substantiation prevented later disputes over allocations.

International separation with children in two countries

A family with two different nationalities lived partly in the Netherlands and partly in another EU member state. The partners wanted to separate, and 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 children’s habitual residence. A lis pendens assessment determined which forum would further handle the case. The parenting plan was drawn up with attention to practical feasibility in both countries, including travel arrangements and information provision between parents.

Alimony modification after significant drop in income

An alimony-paying party unexpectedly lost a large part of their income due to a change in working conditions. The established alimony was based on the old income, and the financial pressure became unsustainable within a few months. The legal question was whether there was a substantial change in circumstances within the meaning of Article 1:401 of the Dutch Civil Code, and what substantiation was needed to support a modification through the court. A recalculation according to the Trema standards, with underlying evidence of the income change, formed the basis of the modification request.

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.