Divorce lawyer

What does a divorce lawyer do?

A divorce lawyer advises and represents one party in the legal settlement of a divorce or the termination of a registered partnership. The lawyer drafts the petition or the settlement agreement, negotiates with the other party, submits documents to the court, and appears during a hearing. If the parties are in agreement, a single joint petition can be filed; in the event of a conflict of opinion, each party submits their own petition or defense.

In practice, the guidance includes:

• drafting or reviewing the divorce settlement agreement with arrangements regarding alimony, assets, and children;
• filing the petition with the court and conducting correspondence with the other party or their lawyer;
• drafting and legally reviewing agreements regarding child maintenance, partner alimony, and the division of assets based on the Trema standards and the applicable matrimonial property regime;
• advising on the legal consequences of your choices, including long-term aspects regarding pensions, tax implications, and international factors.

How much does a divorce lawyer cost?

The costs of a divorce lawyer consist of two components: the lawyer’s fee and the court fee paid to the court. In a straightforward situation with agreement between the parties, total legal fees are between €2,000 and €5,000. The 2026 court fee for a joint divorce petition is €341. In legal proceedings involving disputes over alimony, care arrangements, or assets, costs will be higher, depending on the complexity and duration.

Four factors determine the final costs:

• The degree of agreement between the parties. A joint settlement agreement without legal disputes requires less time than a unilateral procedure with a statement of defense.
• The presence of minor children. Drafting and reviewing the parenting plan and the alimony calculation based on the Trema standards requires extra attention. Alimony amounts are indexed annually; for 2026, the indexation is 4.6%.
• The scope and nature of the assets. An owner-occupied home, pension rights (Pension Rights Equalization after Divorce Act), a business, or investments each require their own analysis and valuation.
• International aspects. If multiple countries are involved, extra steps are necessary for jurisdiction (Brussels II-ter) and applicable law (Rome III).

Read more about our rates and costs.

How does the divorce procedure work?

In the Netherlands, a divorce takes place 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 case of disagreement, one party files the petition and the other party can file a statement of defense.

The court assesses the petition and issues a divorce decree. That decree is then registered in the civil status records, after which the marriage is officially dissolved. If the parties are in agreement, the procedure takes two to four months; in the event of a dispute, it takes six weeks to six months or longer.

The guidance process consists of six steps:

• Legal analysis of your situation and your interests.
• Consultation on the route: mutual agreement, Mediation, or legal proceedings.
• Drafting or reviewing the divorce settlement agreement and the parenting plan.
• Filing the petition with the competent court.
• Court hearing, if necessary.
• Registration of the divorce decree and settlement of the agreements made.

What does a divorce lawyer arrange when children are involved?

In a divorce involving minor children, a parenting plan is legally required under Article 815 paragraph 2 of the Code of Civil Procedure (Rv). The plan contains agreements on care distribution, residence, contact, and child alimony, and must be attached to the divorce petition before the court can grant the divorce.

The court assesses whether the parenting plan is in the best interests of the child. If the parents are unable to reach an agreement, the judge can establish an arrangement themselves pursuant to Article 1:253a of the Dutch Civil Code (BW). In practice, when dealing with 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.

The divorce lawyer guides the drafting, reviewing, and, if necessary, litigating of the parenting plan, ensuring that agreements are legally sound and in line with the ‘Tremanormen’ (Dutch standards) for child alimony. For 2026, indexed child alimony will be increased by 4.6%. Read more about the parenting plan.

How are assets divided in a divorce?

In a divorce, the joint assets are divided according to the matrimonial property regime applicable to the marriage. Marriages entered into before January 1, 2018, without a prenuptial agreement fall under the general community of property. Marriages after that date fall under the limited community of property (Article 1:94 BW), where pre-marital assets, inheritances, and gifts remain private property. Prenuptial agreements can, in turn, deviate from these main rules.

Four asset-related questions structurally arise in divorce files:

• The owner-occupied home. Who will continue to live there, how will the equity be divided, and can the remaining party carry the mortgage independently?
• Pension rights. Equalization is handled via the Pension Rights Equalization after Divorce Act. Notification to the pension fund must take place within two years after the registration of the court order.
• Savings, investments, and debts. Allocation requires an up-to-date financial overview and, for higher amounts, tax advice.
• Own business or DGA (Director-Major Shareholder) structure. Valuation, liquidity, and pension in private management require an independent analysis.

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 assets in divorce.

When is a divorce considered international?

An international divorce occurs when parties have different nationalities, one of them lives or works abroad, or when assets in multiple countries are involved. In those cases, two questions arise: which court has jurisdiction, and which national law applies. Both questions are not automatically answered with “the Netherlands”.

Within Europe, the Brussels II-ter Regulation (EU 2019/1111), which came into effect on August 1, 2022, determines which court has jurisdiction. The main rule: the court of the country where both parties had their last habitual residence, where one of them still lives, or where the petitioner has lived for at least six months or a year. Whoever files a petition first can establish jurisdiction in a particular country—a ‘lis pendens’ rule that can be decisive in fast-paced procedural tactics.

The law applicable to the divorce is determined by the Rome III Regulation (EU 1259/2010); for alimony, the 2007 Hague Maintenance Convention applies in most situations. For the applicable matrimonial property regime, the Matrimonial Property Systems Regulation (EU 2016/1103) applies. Read more on the international family law page.

Mediation, consultation, or procedure: which route suits your situation?

Mediation, mutual consultation, and legal proceedings are three routes to a divorce, each with its own profile. The choice depends on the extent to which parties can still consult with each other and the complexity of what needs to be divided or arranged.

Mediation is suitable for divorces in which both parties can still consult with each other and are willing to reach agreements together. In that case, parties maintain more control over the outcome, and the agreements made are more sustainable. Legal proceedings are appropriate for situations where consultation is no longer possible, in the case of strongly diverging interests, or when a court decision is needed to make progress.

In files where agreement cannot be reached on one subject while the other subjects can be settled mutually, we more often see a combined approach work: consultation where possible, proceedings where necessary. Even within a Mediation process, your own lawyer can provide input to legally review the draft agreements or to protect your position on a specific sub-topic. Read more about mediation in divorce.

How does Simmelink Lawyers work?

Simmelink Lawyers works on an hourly basis with one dedicated lawyer per file. Clients are guided nationally and internationally, at the office in Maarssen, by telephone, or via secure video calling. A physical appointment is not a requirement for guidance: file management, negotiation, and litigation can be handled entirely remotely.

The process begins with an advisory meeting or an intake interview. During an intake interview, we start the legal guidance and a file is opened. During an advisory meeting, 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.

International clients are guided from abroad via secure video calling: expats in an international divorce situation and Dutch nationals living elsewhere temporarily or long-term. Read more about our method or schedule an advisory meeting directly.

When is a second opinion useful?

A second opinion in an ongoing divorce case provides an independent legal judgment on your position and the strategy followed, without you having to switch lawyers immediately. Simmelink Lawyers provides second opinions for divorce proceedings, alimony disputes, parenting plans, and international divorces.

An appeal against a divorce decree is possible within three months of the ruling (Article 358 Rv). 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.

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 lay in the legal qualification of the business assets and the question of which provisions in the prenuptial agreement were applicable. In files with a business within the community of property, we see that the financial structure must first be analyzed before a position on division can be taken. By carefully building that analysis, a well-founded position on the division could be introduced based on the prenuptial agreement and the business structure.

Divorce with children and an international component

A client was divorcing a partner who lived and worked abroad. The question of which court had jurisdiction and which law would apply was not clear beforehand, nor were the arrangements for the children.

By separating the international and national aspects, a structure could be built step by step: first the question of jurisdiction based on Brussels II-ter, then the parenting plan, followed by the financial agreements based on the applicable law. This careful approach prevented the international component from interfering with the substance of the national procedure.

Mediation followed by legal proceedings

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

In files where a Mediation process stalls on one or two subjects, we often see that a combined route works: legal proceedings on the subject where consultation is not possible, alongside mutual consultation or a settlement out of court on the remaining points. In this case, the alimony issue was litigated, alongside a settlement regarding the home.

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.