Divorce lawyer

What does a divorce lawyer do?

A divorce lawyer advises and represents one party in the legal settlement of a divorce or termination of a registered partnership. The lawyer drafts the divorce petition or the settlement agreement, negotiates with the other party, submits documents to the court, and, if necessary, conducts the proceedings until the ruling.

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;
• making and legally reviewing agreements regarding child alimony, spousal alimony, and the division of assets;
• advising on the legal consequences of your choices, including in the longer term.

The lawyer provides input on the legal consequences of your choices and maintains an overview of the entire process. You can read more about the course of the procedure on the divorce page.

How much does a divorce lawyer cost?

The costs of a divorce lawyer in a straightforward situation where parties agree are usually €2,000 to €5,000. In legal proceedings involving disputes over alimony, care arrangements, or assets, costs will be higher, depending on complexity and duration. Simmelink works on an hourly basis and discusses the expected time investment in advance during the introductory meeting.

Factors determining the costs:

• Agreement between parties. A joint settlement agreement without legal dispute requires less time than a unilateral procedure with a statement of defense.
• Minor children. Drafting and reviewing the parenting plan and the alimony calculation based on the Trema standards requires extra attention.
• Size of the assets. A primary residence, pension rights (VPS Act), a business, or investments each require their own analysis.
• International aspects. If multiple countries are involved, extra steps are necessary for jurisdiction (Brussels IIter) and applicable law (Rome III).

More information about rates can be found on the legal costs in divorce page. Would you first like to discuss your situation for orientation without opening a file? Then schedule an advisory meeting.

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. Steps in the procedure:

1. Legal analysis of your situation.
2. Consultation on the route: mutual agreement, mediation, or legal proceedings.
3. Drafting or reviewing the divorce settlement agreement.
4. Filing the petition with the competent court.
5. Court hearing, if necessary.
6. Registration of the decree in the civil status records.

Read more about the steps, the duration, and what you can expect on the divorce procedure page.

Divorcing with children: what does the lawyer arrange?

In a divorce involving minor children, a parenting plan is legally required under Art. 815 paragraph 2 CCP. 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 (Art. 1:253a Dutch Civil Code). The divorce lawyer discusses the options with you, negotiates the content, and ensures the plan is legally sound.

The amount of child alimony is calculated according to the Trema standards, the national guidelines used by all Dutch judges. Family income during the relationship, the financial capacity of both parents, and the care distribution play a role in this. You can read more about the parenting plan and child alimony on the relevant pages.

How does the division of assets work in a divorce?

In a divorce, communal 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 thereafter fall under the limited community of property, where pre-marital assets, inheritances, and gifts remain private property (Art. 1:94 Dutch Civil Code).

Gemeenschap van goederen of huwelijkse voorwaarden

For marriages entered into before January 1, 2018, without a prenuptial agreement, the general community of property applies. After that, the limited community applies: pre-marital assets and inheritances remain outside the community unless the parties have agreed otherwise. Prenuptial agreements can, in turn, deviate from both systems; the lawyer assesses which regime applies to your situation.

What issues often arise?

• The primary residence: who continues to live there, how is the equity divided, and can the other party carry the mortgage independently?
• Pension: pension rights are equalized via the Pension Rights Equalization of Pensions upon Divorce Act (Wet VPS). Notification to the pension fund must take place within two years after the registration of the decree.
• Savings, investments, and debts.
• A private company or DGA structure: this requires an independent valuation and analysis of the consequences for liquidity.

Read more about the division on the assets in divorce page.

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 to the divorce itself?

Within Europe, the Brussels II-ter Regulation (EU 2019/1111) 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 lives now, or where the respondent lives. Once competent, exclusive jurisdiction applies.

Which law applies to the divorce itself is determined by the Rome III Regulation (EU 1259/2010). Within that regulation, parties may make their own choice of law; if they do not, tiered referral rules apply. For alimony, the EU Maintenance Regulation (No. 4/2009) applies.

Read more about cross-border cases on the international family law page. Are proceedings already underway elsewhere and are you unsure about the strategy? Then you can also request a second opinion.

How does the guidance at the office or remotely work?

Simmelink Lawyers assists clients in three ways: at the office in Maarssen, by telephone, and via secure video calling. A physical appointment is not required: full legal assistance, including file management, negotiation, and litigation, can be provided remotely. Clients in the Netherlands and clients living abroad use the same services.

At the office in Maarssen

The office in Maarssen is easily accessible from Utrecht, Amsterdam, Amersfoort, Hilversum, Amstelveen, Laren, Gooise Meren, and the surrounding areas. Clients from Utrecht form the largest group visiting our office; travel time is approximately fifteen minutes from the center of Utrecht. Personal meetings take place in a quiet, confidential environment.

Online guidance throughout the Netherlands and from abroad

Via secure video calling, Simmelink assists clients throughout the Netherlands and from abroad. This applies to expats with an international divorce situation, but also to Dutch nationals living abroad temporarily or long-term who wish to engage a Dutch lawyer. Read more about how this works in practice on the online divorce page.

Mediation or legal proceedings: what suits your situation?

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 usually more sustainable. Legal proceedings are appropriate for situations where consultation is no longer possible or opinions differ fundamentally on essential points.

In many cases, a combined approach is possible: consultation where possible, proceedings where necessary. Even within a mediation process, your own lawyer can provide input, for example, to legally review the draft agreements before they are signed. Discuss more about mediation or the choice between consultation and proceedings in an advisory meeting.

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 valuation and the division.

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 jurisdictional question, then the parenting plan, followed by the financial agreements. 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 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, a legal procedure was chosen for the alimony question, combined with an out-of-court settlement regarding the home. Depending on the circumstances, a combined approach can offer a workable way out where mediation alone yields insufficient results.

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

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