Divorce lawyer – expert legal guidance in divorce in the Netherlands and internationally

What does a divorce lawyer or divorce attorney do?

A divorce lawyer specializes in the legal handling of divorces. A divorce attorney has the same role and assists clients in arranging the divorce, drafting a divorce settlement agreement, and submitting the petition to the court.

A divorce attorney is required for every judicial divorce: only a lawyer may file a petition for divorce. The lawyer must act on behalf of the client, submit the petition, and represent the client’s interests during the Legal proceedings. A divorce lawyer can also indirectly help you to put the emotional aspects of the divorce into perspective.

A divorce is often a hectic period. A divorce lawyer helps to bring structure and ensures that decisions are legally correct and enforceable. The lawyer represents you throughout the entire process and protects your interests, including against your ex-partner. When there is conflict or disagreement and Mediation is not an option, a divorce attorney is needed to protect your interests and guide you through the process.

In many cases, the divorce lawyer advises on:

• the division of home, business, or pension;
• prenuptial agreements or community of property;
• agreements on minor children and parental authority;
• calculation of child and spousal support;
• the choice between Mediation, consultation, or Legal proceedings.

When you choose to engage your own lawyer, it is important to know that in complex or contentious situations, your own divorce attorney is essential to optimally represent your interests. Both a divorce lawyer and a divorce attorney safeguard the legal structure of the process and ensure that all agreements are legally valid and enforceable.

Read more about divorce in the Netherlands or about alimony.

Our approach – from intake to completion

During the intake, the lawyer discusses the family situation, assets, any prenuptial agreements, and wishes for the future. Our lawyer guides you in arranging the divorce, from intake to completion, where all legal and practical aspects are carefully addressed.

After that, a choice is made for consultation, Mediation, or Legal proceedings. If necessary, the lawyer helps with applying for divorce at the court, so that the petition for divorce is submitted in the correct manner.

Process steps in divorce

1. Intake – discussion of facts, assets, children, and prenuptial agreements. During the intake interview, additional information may be requested for a good overview.
2. Legal advice – insight into rights, obligations, and possible scenarios.
3. Consultation or Mediation – recording agreements on children, alimony, and division of assets.
4. Procedure – drafting and submitting the divorce petition and the divorce settlement agreement to the court.
5. Aftercare – guidance in the implementation or modification of agreements.

In a petition for divorce, the judge must determine that there is a irretrievable breakdown of the marriage.
In the case of a joint petition, spouses often have a ruling within a few weeks.

If there is a lot of conflict or disagreement, your own lawyer is recommended to represent your interests to the fullest extent. A lawyer must be reliable, understand your personal interests, and represent them carefully. When choosing a divorce lawyer, the most important factors are the complexity of the situation, the degree of conflict, and the expertise and reliability of the lawyer.

A divorce often has major consequences for family, home, and finances. The lawyer therefore monitors all legal aspects and carefully records agreements. This creates clarity for both ex-partners.

Read more about our approach.

Consultation, Mediation, or Legal proceedings

A divorce can be arranged in several ways. In many cases, it is possible to make agreements in good consultation, so that everything regarding finances, parenting arrangements, and legal matters is arranged; sometimes Legal proceedings are necessary. If consultation does not lead to agreement, such Legal proceedings may be necessary.

Mutual consultation and Mediation

In consultation or Mediation, parties discuss the agreements to be made with the help of a lawyer or mediator. In many cases, it is possible to make agreements in mutual consultation. It is advisable to sit down with your partner and make agreements. Mediation can also help to put the emotions that often come with a divorce into perspective. The goal is to make good agreements that are legally sound and practically feasible. With Mediation, there is a good chance that both parents will remain involved in the care of their children.

Parties can choose to each engage their own lawyer for extra security.
A divorce lawyer helps you to arrange the divorce properly and safeguards the interests of both sides.

Agreements include:

• alimony and division of assets;
• parental authority and visitation arrangements;
• pension equalization and tax aspects;
• use of the marital home.

Judicial proceedings

When consultation is not successful, the lawyer can submit a petition to the court on behalf of one of the spouses.
The judge assesses:

• whether there is irretrievable breakdown;
• the division of assets in the event of community of property;
• the parenting plan and the position of minor children;
• any provisional measures (temporary measures).

The divorce attorney submits the petition and ensures a correct procedure.
Sometimes it is necessary to request temporary measures in advance, for example, regarding the use of the home or the care of the children, until the divorce is final.

Prenuptial agreements, community of property, and assets

Financial questions play a role in many divorces. The parties’ own assets are decisive for the division of assets and debts and may also influence the possible entitlement to legal aid. The lawyer assesses which rules apply based on prenuptial agreements or community of property. If a party’s income and assets are below a certain limit, they may be eligible for subsidized legal aid (pro bono lawyer).

Assets and business

With your own business or DGA structure, careful valuation is necessary. Complex financial situations, such as a company or significant assets, make a specialized lawyer essential. The lawyer works with accountants and tax specialists to ensure a correct distribution. More complex financial situations, such as owning a business, significant assets, or prenuptial agreements, make a specialized lawyer essential.

Marital home and debts

The division of the marital home often requires coordination with notaries and mortgage lenders.
The lawyer prevents double liability and pays attention to tax consequences.

Children and parental authority

When minor children are involved, a parenting plan is mandatory.
That plan contains clear agreements on visitation and alimony. The parenting plan legally records the agreements made about the children and alimony. Parents must indicate:

• how the care and upbringing tasks are divided;
• who makes decisions about school and medical matters;
• how communication with the other parent takes place;
• how child support is arranged.

The parenting plan is submitted to the court together with the petition for divorce.
The judge checks whether the plan is balanced and whether both parents remain involved.

It is important that parents make good agreements about the care of their children during and after the divorce. Legal assistance in drawing up the parenting plan ensures that the agreements made are clear and enforceable.
The amount of child support is determined by the judge and can be adjusted annually.
Read more about alimony.

International divorces

In International divorces, jurisdiction and applicable law play a central role.
According to Brussels II-ter (EU Regulation 2019/1111), it is determined which court has jurisdiction and which law applies.
Simmelink Lawyers assists, among others:

• Dutch citizens living abroad;
• expats who want to divorce in the Netherlands;
• international families with assets in multiple countries.

In many cases, Dutch law provides a clear basis for a balanced settlement.

Legal advice and second opinions

Strategic Legal advice

The divorce lawyer discusses scenarios, tax consequences, and enforceability of agreements.
For example, about divorce costs, alimony, ownership of a business or home, and future parental authority.

Second opinion or second assessment

Sometimes a second assessment is desired, for example, before an appeal.
The lawyer assesses the legal context and discusses possible next steps.

Read more about Legal advice or request a Second opinion.

Practical examples

1. Family business in divorce
An entrepreneur requested assistance with the division of a company within a community of property. The lawyer developed scenarios for valuation and buyout, recorded in the divorce settlement agreement.

2. Medical specialist with pension rights
A specialist requested advice on the settlement of pension rights within prenuptial agreements. We calculated the distribution and recorded enforceable agreements.

3. International divorce
An expat couple with dual nationality requested advice on applicable law. We investigated the jurisdiction according to Brussels II-ter and guided the procedure in the Netherlands.

4. Second opinion in alimony case
A client requested a Second opinion on spousal support. We analyzed the ruling and advised on the feasibility of an appeal.

Aftercare and Guidance Post-Divorce

After the divorce, we assist clients with:

• modification of alimony or authority;
• revision of agreements in changed circumstances;
• implementation of the parenting plan;
• advice on tax or property law consequences.

Simmelink Lawyers offers legal support, even in the period after the divorce.

Costs and financing of a divorce lawyer

In a divorce, it is important to get clarity about the costs and financing options in advance. A divorce attorney is required when you apply for a divorce through the court. The costs of a divorce lawyer depend on various factors, such as the complexity and number of legal issues and whether minor children or your own business are involved.

In some cases, a pro bono lawyer can be engaged. This means that the government (partially) pays the costs, depending on your income and assets. Our lawyer can inform you whether you are eligible for this and help you apply for this scheme.

If you and your ex-partner want to separate in good consultation, Mediation can be an attractive alternative. Through Mediation, you make agreements together under the guidance of a mediator. Engaging a mediator can save time and money during a divorce. In Mediation, agreements are often made faster than in Legal proceedings. The costs of Mediation are often lower than those of full Legal proceedings. In the case of a joint petition for divorce, the costs can also be shared between both ex-partners.

The final costs of a divorce depend on the legal issues that need to be resolved. Consider the division of assets, alimony, parental authority, and the settlement of prenuptial agreements or a business. In some cases, it is wise to engage your own divorce lawyer, for example, if there are complex financial situations or if children are involved. A good divorce attorney represents your interests and ensures that all agreements are legally sound.

Do you want to know what costs you can expect and what financing options are available? During an intake interview, the lawyer provides insight into the expected costs, discusses the possibilities for pro bono or other schemes, and advises on the best approach for your situation. This way you know where you stand in advance and you can carefully arrange the divorce together with us.

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.