In brief
Divorce is the legal dissolution of a marriage or registered partnership through the court.
In the Netherlands, a divorce is granted by the court via a petition. Depending on the circumstances, several routes are possible: consultation, mediation, or legal proceedings
- In the Netherlands, a divorce is granted by the court at the request of one or both partners.
- When divorcing with children, agreements regarding custody, residence, and child maintenance must be recorded in a parenting plan.
- The division of assets, the home, and any business is part of the division of assets upon divorce.
- Depending on the circumstances, a divorce can proceed through consultation, mediation, or legal proceedings.
In the case of an international separation, additional rules regarding jurisdiction and applicable law apply – see international family law.
What does a divorce involve?
A divorce is the legal dissolution of a marriage. In the Netherlands, a divorce is always granted by a judge — via a petition that must be filed by a lawyer. This also applies if both partners agree on the divorce.
In certain cases, a registered partnership can also be dissolved out of court, but as soon as minor children are involved or when the partners do not agree, the court is always involved.
In many cases, the divorce consists of two parts: the formal dissolution of the marriage and the settlement of the consequences, such as maintenance, the home, assets, and arrangements regarding children.
How does the divorce procedure work?
The procedure begins with the filing of a petition with the court. The judge assesses the request and, in the event of the permanent breakdown of the marriage, grants the divorce. The steps are briefly outlined below.
- Orientation and advice: determining which route best suits your situation.
- Drafting and filing a petition with the court by a lawyer.
- Consideration by the judge: unilateral or by joint request.
- Judgment and registration of the divorce in the civil status registers.
- Settlement of ancillary provisions: maintenance, home, assets, and arrangements for children.
Would you like to know which steps apply to your situation? Schedule a consultation; it is introductory and without obligation.
Which route suits your situation?
Not every divorce proceeds in the same way. The choice between consultation, mediation, or legal proceedings depends on the relationship between the partners, the complexity of the financial situation, and the position of any children.
Divorcing by mutual agreement
When both partners agree on the main points, a divorce can be finalized relatively quickly. Agreements are recorded in a divorce settlement agreement. A single lawyer can file the petition on behalf of both partners.
Divorcing through mediation
In mediation, a neutral mediator guides the negotiations. This can be a suitable route when communication is difficult but both partners are willing to consult. A lawyer is still required for drafting and filing the legal documents.
Judicial proceedings
When parties cannot agree on important matters — maintenance, the home, or contact with children — the court decides. Each party is then represented by their own lawyer.
In complex or emotionally charged divorces, guidance from a divorce lawyer is often the most careful route.
Divorcing with children
When there are minor children, a parenting plan is mandatory. It records agreements on custody, the division of care and upbringing, and the provision of information to both parents.
In addition, child maintenance plays a role: the financial contribution of a parent to the costs of care and upbringing. The amount is calculated based on the financial capacity of both parents and the needs of the child.
A divorce lawyer helps to establish arrangements for children that are legally sound and suit the situation of both parents.
Alimony
In a divorce, both spousal maintenance and child maintenance may be involved. Spousal maintenance is a contribution to the living costs of the ex-partner when their income after the divorce is insufficient.
The amount of maintenance depends on financial capacity, needs, and the duration of the marriage. In the event of a dispute over maintenance, a divorce lawyer can map out the legal position and guide you through the next steps. See also the page on maintenance for detailed information.
Assets, home, and business
The division of assets and the marital home is often one of the most complex parts of the divorce. Who gets the house? How is the equity divided? What if one partner wants to take over the home?
In the case of a private company or director-major shareholder (DGA) structure, additional questions arise regarding the valuation and division of business assets. You can read more about this on the page assets and home upon divorce.
For the legal settlement of assets, the home, or a business, a divorce lawyer guides you through the analysis and negotiations.
International separation
When one or both partners have a different nationality, live or work abroad, or when foreign assets are involved, it is an international separation. In such cases, questions arise regarding which court has jurisdiction and which law applies.
In a cross-border divorce, a divorce lawyer works with the international department on the jurisdiction and choice of law aspects of your case. An international family law lawyer analyzes in which country the procedure can best be started and which law applies to maintenance and the division of assets. See also international family law for an overview of all cross-border topics.
Based on Real Cases
Divorce with own home and equity
In one case, Simmelink Lawyers assisted a client in a divorce where the marital home had significant equity. Neither partner wanted to sell the house — one wanted to buy the other out, while the other disputed the value. By mapping out the situation legally and financially, it was possible to clarify which routes were available and what the consequences of each choice would be. The case was finalized through negotiations, without legal proceedings.
Divorce with minor children
In a divorce involving two young children, discussions took place regarding the division of care and the amount of child maintenance. The core of the guidance lay in drafting a parenting plan that was legally sound and suited the practical situation of both parents. Depending on the circumstances, several routes are possible in these types of cases — from amicable consultation to a court decision.
Are you unsure which form of divorce is suitable for your situation?
Schedule an appointment with us.
Our Attorneys at Law
At Simmelink Lawyers, you work with lawyers specialized in family law, international family law, and inheritance law. We work intensively together on solutions that are legally sound and do personal justice to your situation.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Our lawyers are approachable, respond quickly, and keep you continuously informed about the progress of your case.
Frequently asked questions about divorce
In the Netherlands, a lawyer is mandatory when filing a divorce petition with the court.
In the case of a joint request, a single lawyer can act on behalf of both partners. Depending on the circumstances, such as the presence of children or disputes over assets, additional guidance may be necessary.
The duration of a divorce depends on the complexity and the degree of agreement between the partners.
A divorce by joint request can, in some cases, be finalized within a few months. A procedure in which the court must decide on several points often takes longer.
The costs of a divorce consist of court fees, lawyer fees, and any costs for mediation or appraisals. The amount varies per situation and depends on the complexity, the lead time, and whether legal proceedings are necessary. During a consultation, an initial indication can be provided based on your situation.
Yes. In the Netherlands, a divorce can also be requested unilaterally.
The marriage is dissolved on the grounds of permanent breakdown; the consent of the other partner is not required for this.
The court decides on the request. Arrangements regarding children, maintenance, and assets are then determined by the court if they are not reached through mutual agreement.
A divorce terminates the marriage permanently. A legal separation keeps the marriage legally intact but removes the obligation to live together. In many cases, partners opt for a full divorce. Depending on the circumstances, such as pension rights or international aspects, a legal separation may be relevant in specific situations.
Many clients of Simmelink Lawyers start with an introductory consultation. During this meeting, the legal position is mapped out and possible routes are discussed without you having to start legal proceedings immediately.
Many clients of Simmelink Lawyers begin with an initial consultation. During this meeting, the legal position is assessed and potential courses of action are discussed without the need to initiate legal proceedings immediately.
Are you already in proceedings through another lawyer and would you like a second assessment? Then a second opinion is possible. Simmelink Lawyers analyzes your situation and provides an independent judgment on the strategy and the available routes.
