Divorce or Separation? Expert Advice on Divorce, Alimony, and Asset Division

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Professional guidance in separation and divorce

At Simmelink Advocaten, we provide expert support in all aspects of a divorce and the post-divorce phase, enabling you to make informed decisions and ensuring your interests are optimally protected—both during and after the divorce process.

Divorce is a significant process that involves both legal and emotional challenges. Whether it concerns choosing the appropriate form of divorce, alimony, asset division, or drafting a parenting plan, each situation requires careful consideration. Even after the divorce, new circumstances may necessitate adjustments to the agreements made. Discretion, transparency, and clear communication are essential to prevent conflicts and ensure peace during this process.

Our attorneys carefully guide you through every step of the divorce process and are available for adjustments during the aftercare phase. With our extensive expertise in family law, we provide strategic and clear advice, prioritizing your personal situation and interests. Even after the divorce, we are ready to reassess and adjust agreements, such as alimony, parenting plans, and asset distribution, to fit your changing circumstances. Thanks to our dedicated guidance, you can make decisions with confidence and shape your future.

Preparation for the divorce

The conversation with your partner

Divorce presents not only legal but also emotional challenges. Whether it involves choosing the appropriate form of divorce, alimony, asset division, or drafting a parenting plan—each aspect requires careful consideration. Even after the divorce, new circumstances may necessitate adjustments. Clear communication and discretion are essential to prevent conflicts and create peace during this phase.

The conversation with the children

Our attorneys provide you with meticulous support, both during the divorce process and in the post-divorce phase. With profound expertise, we offer strategic advice tailored to your unique situation and interests. Even after the divorce, we assist you with adjustments to agreements on alimony, parenting plans, and asset distribution, should your circumstances change. Thanks to our dedicated guidance, you can shape your future with confidence. Please feel free to contact us for a non-binding consultation.

Online divorce


At Simmelink Advocaten, we understand that every divorce is unique and that the type of relationship affects the legal steps you need to take. Depending on your relationship form (married, registered partnership, or cohabiting) and any international aspects, the forms of divorce may vary. The prenuptial agreements can influence the division of assets during the divorce. Below, you will find an overview of the possible relationship and divorce forms, allowing you to quickly identify which situation applies to you.

Relationship TypeType of DivorceParticularities
Married (marriage)DivorceFormal separation through the court, whereby the marriage is completely dissolved.
Judicial Separation You remain formally married but live separately. This can be chosen for religious or financial reasons.
Registered partnershipDissolution of registered partnershipCan sometimes be done without court intervention if there are no minor children.
Cohabitation without marriageEnding cohabitationNo formal separation required, but agreements on the division of property and children are necessary.
Divorce with international aspectsDivorce as a Dutch expat abroad If you live abroad as a Dutch expat, you are subject to different jurisdictions. Specialized advice is necessary to protect your interests.
Divorcing a foreign partner with an unknown address Divorcing can be complicated if the foreign partner’s address is unknown. Additional legal steps are often required.
International Divorce in the NetherlandsIf you reside in the Netherlands but wish to file for an international divorce, complex rules regarding jurisdiction and legislation apply.
Divorce with Dual NationalitiesIf both partners hold multiple nationalities, it can be challenging to determine which legislation applies.
Example: A partner with both Dutch and American nationalities wishes to divorce a partner with German nationality.
Divorce in a country other than the country of marriageWhen a couple resides in a country other than the country of marriage, they must determine which legislation applies.
Example: A couple married in France but residing in the Netherlands wishes to divorce.
Divorcing a partner who lives in another countryIn a divorce where one of the partners resides abroad, multiple courts may be involved.
Example: A partner in the Netherlands wants to divorce a partner who lives in Italy.

Married

A marriage is a legally binding relationship and requires a formal procedure to dissolve. When you decide to divorce, a legal separation must take place in which important matters, such as the division of assets and alimony, are arranged. This can often be emotional and complex, but with the right guidance, the process goes much more smoothly.

To officially file for a divorce in court, an attorney is required to guide and coordinate the legal procedures and to draft the necessary documents.

Depending on your situation, you may choose between a divorce or legal separation. Both options have specific legal consequences, and our attorneys can assist you in making the best choice tailored to your situation.

Please provide the text you would like to have translated to English.Thanks to Simmelink Advocaten, my divorce proceeded smoothly and without conflict. Their personal guidance gave me confidence during a difficult time. Please provide the text you would like to have translated to English.

Mark, entrepreneur

Registered partnership

The dissolution of a registered partnership closely resembles a divorce. Just like in a marriage, important matters such as the division of assets, alimony, and child care must be arranged. If there are no minor children, this can, in some cases, be done without court intervention.

Our lawyers ensure that the dissolution proceeds carefully and that the agreements are clearly documented.


Cohabitation without marriage or termination of cohabitation

If you cohabit without being married and decide to separate, there are often fewer formal obligations than in a marriage or registered partnership. However, ending the cohabitation can be complex, especially when children or joint properties are involved. It is important to make clear agreements regarding the division of property, alimony, and the care of children.

Our lawyers assist you in formalizing agreements to prevent any ambiguities and ensure your interests are well protected.

“They provided me with clear guidance, enabling me to make informed decisions about my divorce with peace of mind and to conclude cohabitation.”

Anne

Judicial Separation


Judicial separation means that you remain legally married but live apart from each other. This is often a choice for couples who, for religious or financial reasons, do not wish to fully divorce. Although the marriage legally continues to exist, arrangements must still be made regarding the division of property, alimony, and other matters.

Please provide the text you would like to have translated to English.Thanks to Simmelink Advocaten, my legal separation proceeded without difficulties. My ex and I have now reached satisfactory agreements on how to move forward. Please provide the text you would like to have translated to English.

Najib

Would you like to know which type of divorce is suitable for you? Schedule a free introductory meeting.

Important topics in divorce: alimony, parenting plan, and assets

During a divorce, many important issues arise that have both legal and financial implications. It is essential that these matters are carefully addressed to ensure that both parties are well protected. Below, we discuss some of the key aspects that come up during the divorce process.

Alimony: Spousal and Child Support

Alimony is often one of the most discussed topics during a divorce. It can involve spousal support and/or child support, depending on the specific situation. Both forms of alimony are calculated based on the financial circumstances of both parties. For minor children, consideration is given to the needs of the children and with whom the children will reside after the divorce.

Our attorneys assist you in calculating a fair alimony and ensure that all agreements are clearly documented.

Learn more about spousal support.

Learn more about child support.


Parenting Plan: Care and Upbringing of Minor Children

In the event of a divorce involving children, it is mandatory to draft a parenting plan. This plan outlines agreements regarding the care and upbringing of the children, including visitation arrangements, holidays, and educational decisions. The parenting plan is essential to ensure that both parents continue to play a clear role in the children’s lives.

The parenting plan also addresses the allocation of parental authority, both before and after the divorce. This includes rules for joint custody at the birth of a child and for unmarried or unregistered partners, as well as the retention of joint custody after a divorce.

A well-drafted parenting plan prevents conflicts and provides stability for the children. Our attorneys assist you in creating a plan that aligns with your situation and the needs of the children.

Learn more about the parenting plan.

Download a sample parenting plan.



Distribution of assets: house, financial resources, and pension arrangements

The distribution of assets is one of the most complex aspects of a divorce. Consider, for example, properties such as a jointly owned house, savings, investments, and pension arrangements. In practice, the division of joint accounts and automatic payments is often overlooked. It is essential that these matters are handled fairly and meticulously, ensuring both parties remain financially stable after the divorce.

It is also important to determine who will remain living in the house after the divorce, especially if children are involved. Sometimes it is necessary to request a provisional measure from the court to establish clear agreements regarding the responsibility for the home and the mortgage.

Our attorneys provide expert guidance in the distribution of assets, ensuring that both legal and tax aspects are properly handled.

Learn more about the owner-occupied home during a divorce.

Learn more about the pension arrangements with your ex-partner.

Would you like to know which type of divorce is suitable for you? Schedule a free introductory meeting.


Special Situations in Divorces: International Divorce and Divorcing with a Business

In some situations, divorces can be particularly complex. This is especially true when international aspects or business interests are involved. Below, we discuss some special circumstances where our expertise can assist you.

Caring for children together means that clear agreements must be made regarding a parenting plan, child support, and financial obligations for the children’s well-being. Below, we discuss some special situations where our expertise can assist you.

International divorce: What if you or your partner lives abroad?


An international divorce often brings additional legal challenges, such as conflicting jurisdictions and international legislation. Whether you live abroad or have a partner from another country, it is important to know which laws apply and how your rights are protected.

I found my international divorce extremely complex, but at Simmelink Advocaten, they had all the expertise to guide me well through the process.

Sophie van N., expat in Sydney


Divorce involving a business

If one of the partners owns a business, this can make the divorce process more complex. At Simmelink Advocaten, we understand that the interests of the business must be protected and that a fair division of assets is essential. Our attorneys assist you in safeguarding both your personal and business interests during the divorce proceedings.

Second opinion and advice on family law and divorce

At Simmelink Advocaten, we understand that you may sometimes require one-time advice or a second opinion to gain more insight into your situation, determine the best approach, or provide background support during ongoing mediation.

Our attorneys provide independent advice and strategically collaborate with you on complex matters such as alimony, parenting plans, and asset division. This enables you to make decisions with confidence, ensuring that your interests are optimally represented, even in the most sensitive situations.

Want to know more about second opinions and advice in family law? We are happy to assist you further.

After the divorce

After the divorce, new situations may arise that require adjustments to agreements. At Simmelink Advocaten, we provide support in all aspects of the post-divorce phase, ensuring your legal and emotional stability is maintained.

After the divorce, there are often matters that require ongoing attention. At Simmelink Advocaten, we refer to this as the aftercare phase, which is frequently overlooked in practice. Although as much as possible is documented during the divorce, changing circumstances may necessitate adjustments to existing arrangements.

Common topics that we frequently encounter after a divorce and may require adjustment include, among others.

Financial and legal adjustments

  • Spousal support and child support
    Adjustments in support may be necessary due to changes in personal circumstances or the needs of children.
  • Pension Distribution and Asset Planning
    Review of pension and asset plans to ensure your long-term goals and financial security.
  • Sale or purchase of a home
    It may occur that you decide to sell the joint property or acquire a new home, where legal guidance may be necessary.
  • Taxes and Insurance:
    Review of tax benefits, insurance policies (such as life and health insurance), and any changes in tax partnership following the divorce.

Changes in Family and Life Situations

  • Parenting Plan
    A new life situation or family composition may require changes to the parenting plan.
  • Cohabiting with a New Partner
    Cohabiting can affect existing agreements, such as alimony or custody, and may require a revision.
  • Revision of Will and Guardianship Arrangements
    Adjusting your will and guardianship agreements may be necessary to ensure your wishes and the interests of children are safeguarded.

Emotional and Personal Aftercare

  • Emotional Support
    Therapy or counseling for both parents and children can assist in coping with the divorce and building a new life.
  • Future Plans and Relationship with Ex-Partner
    Especially when you have children together, constructive communication with your ex-partner is essential. It is also important to make personal future plans and to build a stable and new life.

Would you like to know more or are you seeking specific advice?

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