Divorce Lawyer | Strategic Guidance – Simmelink

What does a divorce lawyer do?

A divorce lawyer advises you on your legal position and guides you through the procedure. In practice, this includes drafting or reviewing a divorce settlement agreement, filing a petition with the court, and making arrangements regarding children, alimony, and the division of assets.

The lawyer considers the legal consequences of your choices—also in the long term. This applies both to situations where parties are in consultation and to cases where legal proceedings are necessary.

You can read more about the divorce procedure on the divorce page.

How much does a divorce lawyer cost?

The costs of a divorce lawyer depend on the complexity of the case, the time required, and the manner in which the divorce is settled. In many cases, a lawyer works on an hourly basis.

Factors influencing costs include: the presence of children, the size of the assets, the degree of agreement between parties, and any international aspects. A simple divorce by mutual agreement generally requires less time than a procedure where the court makes a decision.

You can read more information about legal costs in a divorce on the corresponding page. Would you first like to know the legal implications of your situation? Schedule a consultation; it is an accessible first step.

How does the divorce procedure work?

A divorce proceeds through the court. The lawyer files a petition on your behalf. If both parties agree on the terms, a joint petition can be filed. In the case of a unilateral petition, the other party responds through their own lawyer.

The court reviews the petition and issues a divorce decree. This is then registered in the civil status records, after which the marriage is officially dissolved.

Steps in the procedure:

1. Legal analysis of your situation
2. Consultation on possible routes (mutual agreement, mediation, or legal proceedings)
3. Drafting or reviewing the settlement agreement
4. Filing the petition
5. Court hearing (if necessary)
6. Registration of the decree

Divorcing with children: what does the lawyer arrange?

If there are minor children, a parenting plan is mandatory. This records agreements regarding custody, the division of care and upbringing tasks, residence, and child support.

In many cases, parents can reach agreements together, potentially with the support of a mediator. The lawyer verifies whether the agreements are legally sound and assesses the long-term consequences.

You can read more information on the divorcing with children page.

How does the division of assets work in a divorce?

At the end of a marriage, the joint assets must be divided. What qualifies for this depends on the prenuptial agreement or the statutory community of property regime.

Elements often involved include: the joint residence, pension rights, savings, investments, and debts. In the case of a private company or a director-major shareholder (DGA) structure, an additional analysis of the financial position applies.

You can read more about the division of assets in a divorce on the corresponding page.

When is a divorce considered international?

An international divorce occurs when parties have different nationalities, when one of them lives abroad, or when there are assets or income in multiple countries. In these situations, questions regarding the court’s jurisdiction and the applicable law arise.

In many cases, the Dutch court has jurisdiction if the parties live in the Netherlands or if one of them has Dutch nationality. This depends on the specific circumstances.

You can read more about international family law on the corresponding page. If a procedure is already underway elsewhere, you can also request a second opinion.

Mediation or legal proceedings: what suits your situation?

When parties are willing to reach agreements together and communication is still possible, mediation is often a viable option. You maintain more control over the outcome, and the agreements are generally more sustainable. A lawyer can oversee the process alongside the mediation—not as an opponent, but as a legal sparring partner who reviews the draft agreements before you sign. For example, we can provide advice in the background.

If consultation is no longer possible, or if opinions differ too widely on essential points, legal proceedings provide clarity. In many cases, a combination is possible: consultation for arrangements regarding children, and legal proceedings for alimony or the residence. We discuss at an early stage which approach best suits your situation.

The lawyer can help you determine which route suits your situation. Discuss your situation with us in a consultation.

Practical examples

Divorce with a private business

A client had built a business with his partner during the marriage. Upon divorce, a discussion immediately arose regarding the value of the business and the extent to which it belonged to the community of property.

The core issue was the legal qualification of the business assets and the question of which provisions in the prenuptial agreement applied to them.

By carefully mapping out the financial structure, a position could be taken regarding the division, and legal proceedings were avoided. The parties reached an agreement on the value and the method of buyout.

Divorce with children and an international component

A client was divorcing a partner who lived and worked abroad. It was not immediately clear which court had jurisdiction or which law would apply, nor were the arrangements for the daily care of the children and child support.

By separating the international and national aspects, a structure could be built step by step: first the jurisdictional question, then the parenting plan, followed by the financial settlement.

The careful approach prevented the international component from blocking the national procedure.

Mediation followed by legal proceedings

A client had previously undergone a mediation process, but it had ended without result. The parties fundamentally disagreed on the division of the home’s equity and the amount of spousal alimony.

After analyzing the positions taken, legal proceedings were chosen for the alimony issue, combined with an out-of-court settlement regarding the residence. Depending on the circumstances, a combined approach—partly consultation, partly legal proceedings—is sometimes the most practical route.

Content verified by the team at Simmelink Lawyers, specialized in family law and international family law.

Written by Carla Simmelink, family law attorney at Simmelink Lawyers.

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