If you and your partner wish to separate, it is essential to choose the appropriate form of divorce that suits your situation.
At Simmelink Advocaten, we guide you through every step of the divorce process. The type of divorce depends on your relationship form and each process entails its own legal obligations. On this page, we discuss the different types of relationships and divorces, providing insight into the key issues that arise during a divorce.
At Simmelink Lawyers, we understand that legal issues can be both personal and complex. That is why we offer exclusive, personalized guidance to support you every step of the way.
We will help you strategically and carefully through the divorce process so that you can make informed decisions and your best interests are protected.
How can we assist you?
Online divorce
At Simmelink Advocaten, we understand that every divorce is unique and that the type of relationship influences 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. Below you will find an overview of the possible relationship and divorce forms, allowing you to quickly see which situation applies to you.
| Relationship Type | Type of Divorce |
|---|---|
| Married (marriage) | Divorce |
| Judicial Separation | |
| Registered partnership | Dissolution of registered partnership |
| Cohabitation without marriage | Ending cohabitation |
| Divorce with international aspects | Divorce as a Dutch expat abroad |
| Divorcing a foreign partner with an unknown address | |
| International Divorce in the Netherlands | |
| Divorce with Dual Nationalities | |
| Divorce in a country other than the country of marriage | |
| Divorcing a partner who lives in another country |
Married (marriage)
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.
Depending on your situation, you can 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.
–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 need to be arranged. If there are no minor children, this can sometimes be done without the intervention of a judge.
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 complicated, 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 advice so that I could make the right decisions for my divorce with peace of mind and no longer live together.”
jd.“
Anne
Judicial Separation
Separation from bed and board 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 want to fully divorce. Although the marriage legally continues to exist, agreements must still be made regarding the division of property, alimony, and other matters.
–Najib
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 both spousal support and child support, depending on the specific situation. Both forms of alimony are calculated based on the financial situation of both parties and the needs of any children.
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 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.
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 division of assets is one of the most complex aspects of a divorce. This can involve properties such as a jointly owned house, savings, investments, and pension arrangements. It is essential that these matters are handled fairly and meticulously, ensuring that both parties remain financially stable after the divorce.
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.
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.
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.
–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.
