Dissolving registered partnership - how can we guide you at Simmelink Lawyers

What is a registered partnership?

Registered partnership is the formalization of an informal form of relationship into a formal form, similar to civil marriage. It is designed for people who want to formalize their relationship without getting married.

What should you take care of when dissolving a registered partnership?

A registered partnership can end without the intervention of a judge in some cases. Whether this is true for you depends on your situation.

• Do you have no children together or are your children over 18?
  Then you can have an agreement drawn up together at a lawyer’s or notary’s office. You must be in agreement then.

• Do you disagree, or do you have children under 18 together?
  Then dissolution of the registered partnership by the court is required. The course of action is the same as dissolving marriage by divorce.

Dissolve registered partnership without a judge

Unlike a divorce, dissolving a registered partnership does not always have to go through the courts. One condition is that you have no minor children. Also, you and your future ex-partner must agree on the arrangements to be made before the partnership ends. These include agreements on the division of assets, the equalization of the old-age pension and any spousal support.

So although there is no need for a judge, you will always need a third party to register the termination of the partnership with the civil registry. This is because you will need to hire a notary or lawyer to put the arrangements on paper for you. You also need a declaration that your registered partnership has been permanently disrupted, which declaration must be signed by you and your future ex-partner, as well as by the relevant notary or lawyer. He or she will send the agreement to the civil registry of the municipality where the partnership was entered into.

Dissolve registered partnership with court

Do you have minor children? Then you are obliged to dissolve the registered partnership through the court. This is because you are legally obliged to draw up a parenting plan (or have one drawn up) and attach it to the request for dissolution of the registered partnership.

Each with their own lawyer

Even if you have no minor children but cannot agree on the dissolution of your registered partnership, you can choose to have the partnership dissolved by a judge. In this case, the judge must make decisions and you will each need your own lawyer.

Joint lawyer

If you have minor children and expect to be able to reach agreements together regarding the children and other issues, you can choose to have a joint lawyer or be accompanied by a mediator. In this case, you will discuss with the joint lawyer or mediator [link naar herschreven detailpagina] the agreements that need to be made.

How much does dissolving registered partnership cost?

If the dissolution of your registered partnership is through the court, you will need a lawyer and a judge for this. In this case, you will pay the lawyer’s fees and court filing fees.

Do you hire a lawyer or mediator jointly? Then you can share the costs. This can be a good reason to hire a joint lawyer or a mediator first. Court fees are re-determined each year and published with the Judiciary.

Don’t need a judge? Then you will pay fees for the help of the notary or lawyer. If you choose to hire a mediator in addition, that will also incur additional costs.

How long does it take to dissolve registered partnership?

This depends on a number of things. First, it depends on whether the request must be filed with the court. A termination without a court usually takes only a few weeks and no more than 3 months. In fact, once the termination agreement is signed by the notary or lawyer, it must be registered with the civil registry within 3 months.

A termination through the court obviously takes longer. This procedure takes 1 to 4 months on average, but can also take longer if, for example, you do not agree with each other. Then it can easily take a year, because a court hearing will take place. Once the court has rendered a judgment and thus an order to dissolve the registered partnership has been issued, this judgment must be registered with the civil registry of the municipality where the partnership was entered into within 9 months.

How does dissolving a registered partnership work?

Many things that must be arranged for the termination of a registered partnership are similar to a divorce. First, agreements must be made regarding the division of assets, the home, the pension and any spousal support. The agreements that are made also depend on the terms of the registered partnership, if any. Did you enter into the registered partnership in community of property or did you draw up certain conditions while entering into the registered partnership? In the latter case, these partnership conditions must be taken into account. The agreements made will appear in a termination agreement.

If there are no minor children and you are in agreement, an agreement can be drawn up with the help of a notary or lawyer. The notary or lawyer sends the agreement to the civil registry to register the termination of the partnership.

If there are minor children and/or you cannot agree, then you should hire a lawyer. This lawyer will submit the proposal and/or parenting plan to the judge. The judge will then issue what is known as an order, which must then be filed with the civil registry office. Once the registrar receives the agreement or order from the notary or the judge, it will be entered into the registers. From then on, the registered partnership is dissolved.

The petition to dissolve the registered partnership can be filed either jointly or by one of the parties. In the latter case, you will always need a lawyer to file the request. Your lawyer will then also make sure that your prospective ex-partner’s lawyer receives a copy of the agreements made within 14 days. As with a divorce, you may still be financially attached to each other after the dissolution of a registered partnership. For example, there may be partner and/or child support. The content of the financial commitment depends on the length of the registered partnership, your age and whether or not there are minor children.

Do you have a registered partnership and want a divorce?

The dissolution or termination of a civil partnership usually proceeds in the same way as a divorce. The same topics are also discussed, such as the division of your assets, the calculation of alimony and – if there are minor children – the preparation of a parenting plan. Occasionally, it is possible to dissolve a registered partnership by agreement, without the need for a court ruling.

Dissolving registered partnership: where do you start?

If you want to dissolve your registered partnership, you would prefer that the process go smoothly and quickly. One of the first questions you need to answer is whether you will dissolve with the help of a lawyer or with the help of a (lawyer-)mediator. Is the communication between you and your future ex-partner still good? And do you want to make agreements about the children, the division of property and alimony, for example? Then a mediator is the obvious choice. Mediation is faster, cheaper and more durable than letting a judge decide. Do you not expect to be able to reach agreements together? Then you will need your own lawyer.

But you do not have to make the decision for a lawyer or a lawyer-mediator alone. During the first free, no-obligation meeting, we can give you more information about the various options, after which you can make a well-informed choice. Our step-by-step divorce plan tells you more about it.

What is the difference between dissolving registered partnership and divorce?

There are many similarities between divorce and dissolving a registered partnership. For example, both a marriage and a registered partnership may have been entered into in community of property or under conditions. The consequences are the same in a divorce and dissolution of a registered partnership. Consider the parenting plan that must be drawn up when there are minor children and the division of property.

Of course, there are also a differences. Namely, a divorce always goes through the court, where the termination of a registered partnership can also take place without a court. As you have read above, in the case of a registered partnership, a court intervention is required only if minor children are involved. Of course, the parties must be able to make written agreements with each other.

Another difference between these forms of divorce is that when a registered partnership ends, there is no “alternative” such as a legal separation.

When is the dissolution or termination of the registered partnership final?

The dissolution of your registered partnership is final the moment it is registered in the registers of the civil registry of the municipality where the partnership was concluded.

What is the cost of registering the termination of a registered partnership?

The registration of a registered partnership is free of charge. Registration is carried out by the civil registrar in the registers of the civil registry of the municipality where the partnership was concluded.

What is the difference between a unilateral and joint request?

A unilateral request for dissolution of registered partnership is a request by either partner to the court to terminate the registered partnership.
In a procedure Dissolution of registered partnership on joint request, you and your (former) partner file 1 petition together. You agree on all the arrangements together.

What are the partnership terms for registered partnerships after Jan. 1, 2018?

If you are registered as partners after Jan. 1, 2018, you will have a partnership in limited community of property. Unless you make partnership agreements. Partnership terms are the same as prenuptial agreements. If you want to know more about prenuptial or partnership agreements, read more about property division.