Professional and committed at every stage of your divorce
Make informed choices with experienced attorneys who prioritize your interests.
A divorce or separation involves legal and emotional challenges. From alimony to the division of assets and the parenting plan, everything must be properly arranged. Without the right guidance, conflicts and uncertainties may arise.
You require clear advice and discretion, ensuring your situation is handled with care.
At Simmelink Advocaten, we provide personalized guidance at every step of your divorce. Our experienced divorce attorneys ensure clear agreements regarding alimony, assets, and children.
With our expert advice in family law, you make well-informed decisions tailored to your situation.
Why a Specialized Divorce Lawyer is Essential for Your Divorce
Engaging a divorce attorney is always mandatory in the Netherlands during a divorce, not only when the case goes to court. Even if both parties agree (in a joint petition), an attorney must file the petition with the court.
Mediation can be an option to resolve disputes outside of court, but ultimately a lawyer is needed to make the divorce official. It is important to engage a lawyer in a timely manner to ensure the divorce proceeds smoothly and to protect the interests of all parties involved.
Key Benefits of a Divorce Attorney
- Legal advice and protection of interests
A divorce attorney from our firm assists you in making strategic decisions that align with your rights and obligations. We ensure that the divorce process is legally correct, with a legally accurate distribution of assets, debts, and, for example, pension rights. - Negotiations and Agreements
Your attorney assists you in negotiating with your ex-partner and ensures that clear agreements are established regarding spousal support, the division of assets, and the care of children. In complex divorces, such as those involving a business or substantial assets, this support is essential. - Representation and Guidance
Should the divorce proceed to court, your attorney will ensure professional representation. This is also crucial in international divorces, where the attorney ensures that everything is conducted in accordance with Dutch and international law. Additionally, the attorney assists you through emotionally challenging situations by providing objective and expert guidance.
Which specialist is suitable for your divorce?
Is a personal attorney the best choice, a joint attorney, or a mediator? Depending on your situation, our experienced attorneys provide expert and personalized advice to help you make the right decision.
Joint Petition
Unilateral petition
Joint petition in divorce
A divorce can be filed in two ways: through a joint petition or a unilateral request. In a joint petition, both parties collaboratively reach agreements concerning the divorce and submit them to the court. This is only possible if you and your ex-partner agree on the key issues, such as the division of assets, spousal and child support, and the care of minor children.
Unilateral request in divorce
If you and your ex-partner cannot reach an agreement, one of the partners must file a unilateral petition. The divorce attorney represents the interests of the petitioner in the legal proceedings. Consequently, the other party must also engage an attorney. A unilateral petition may be necessary when there are disputes over spousal support, child support or child custody, the division of assets, or complex financial issues, such as a business ownership. In these cases, engaging an experienced attorney is crucial, as they can guide you through the impact of laws and regulations, safeguard your interests, and find an appropriate solution.
Additionally, a divorce attorney is indispensable in more complex situations, such as when there is a substantial estate, a personal business, or international aspects in your divorce. The expertise of our attorneys assists you in handling these intricate matters in a structured manner and prevents conflicts from escalating further. This ensures the process proceeds as efficiently and carefully as possible, with attention to your personal and financial situation.
Divorce Procedure: the various steps in the entire process
A divorce can proceed in various ways, depending on your situation, such as through a joint or unilateral petition. The process includes steps such as filing a petition, drafting agreements on alimony and child care, and the final ruling by the court.
For a comprehensive overview of the various steps from the initial consultation to the registration in the civil registry, you can read more on our page about the divorce procedure.
Mediation as an Alternative to Divorce Proceedings
In some cases, mediation can be a good alternative to a traditional divorce with lawyers. A mediator assists you and your ex-partner in making mutual agreements. Mediation can be faster and less costly than a court procedure and is particularly effective when there is mutual understanding and a willingness to work together towards solutions.
However, mediation is not always the best option. If there is disagreement, communication is difficult, or emotions are running high, engaging your own divorce attorney may be necessary to reach clear and legally binding agreements. This also applies to more complex situations, such as the division of a large estate, properties abroad, or a personal business. In such cases, an attorney can better guide you to ensure that your financial interests are well protected and everything is settled according to the law.
In certain situations, an attorney can also advise you in the background during the mediation process to optimally protect your interests. We regularly do this for clients, supporting them without disrupting the mediation process.
Would you like to learn more about your rights and obligations during a divorce? Request a personal consultation now.
Advice, second opinion, and support in mediation
At Simmelink Advocaten, we provide not only legal guidance during the divorce process but also advisory consultations, second opinions, and support in mediation processes.
If you require strategic legal advice while in mediation, we can provide support in the background without disrupting the mediation process. Our attorneys offer expert guidance to strengthen your position, enabling you to make informed decisions. This ensures that you are well-prepared throughout the mediation process, while we ensure that your interests are optimally represented.
Aftercare and Support Following Your Divorce
At Simmelink Advocaten, our services do not end with the completion of your divorce. Situations can change, for instance, due to a modified financial situation or a relocation. We offer comprehensive aftercare, such as reviewing alimony agreements, adjustments in care arrangements, or further distribution of assets. We assist you in staying ahead of legal issues and preventing unnecessary conflicts. Even if your divorce was handled by another law firm, we are ready to support you with further legal matters.
What are the costs of a divorce lawyer?
The costs of a divorce attorney vary depending on several factors, such as the complexity of your case, the chosen approach (mediation, unilateral or joint petition), and the attorney’s experience.
While the hourly rate is an important factor, an experienced attorney can often work more efficiently and arrive at solutions more quickly, ultimately limiting the total costs.
At Simmelink Advocaten, we place great importance on complete cost transparency. We always discuss the expected costs in advance, so you know exactly what to expect and are not faced with any surprises.
Our Attorneys at Law
At Simmelink Lawyers, you will meet legal experts known for their high-quality approach, quality and integrity.
We prioritize our clients’ needs and understand that every case is unique.
“Our lawyers are approachable, responsive and constantly keep you informed about the progress of your case.”
mr. Carla Simmelink
Frequently Asked Questions
The duration of a divorce proceeding depends on various factors, such as whether it is a joint petition or a unilateral petition. A joint petition can generally be concluded more quickly, while a unilateral petition may take more time if there are conflicts. On average, a divorce proceeding lasts between three and six months.
Your attorney will work closely with you from the outset. This begins with an introductory meeting where your situation is discussed and your interests are identified. Subsequently, you will be guided through all legal steps, from drafting documents to court proceedings. Your attorney ensures clear communication and keeps you informed of the progress.
In a joint petition, you and your ex-partner jointly apply for the divorce and make mutual agreements on matters such as alimony and the division of assets. In a unilateral petition, one partner applies for the divorce without the consent of the other. This can result in a longer and more complex procedure.
An experienced family law attorney offers you expert advice and guidance. By engaging an attorney, you can be assured that your interests are being safeguarded. Additionally, an attorney ensures the proper legal documents are prepared and represents you in court if necessary. This reduces stress and ensures that the process proceeds as smoothly as possible.
Yes, a divorce lawyer is required in the Netherlands if you wish to officially divorce. The lawyer submits a petition on your behalf to the court. This applies to both a marriage and a registered partnership.
A unilateral petition for divorce can have significant consequences for both parties. When you file a unilateral petition, your ex-partner has the opportunity to contest it, which can result in a longer and more costly procedure. An experienced family law attorney can guide you through this process and ensure that your interests are well protected.
It is also important to understand that a unilateral request may be less favorable for the requesting party. The judge may, for instance, decide that you are responsible for the legal costs and possibly also for the alimony of your ex-partner. An attorney can assist you in mitigating these risks and advise you on the best legal steps to take.
Before submitting a unilateral petition, it is advisable to explore, together with your attorney, whether there are possibilities to reach an agreement with your ex-partner. If this is not successful, a unilateral divorce petition may be a last resort. Your attorney can assist you in drafting the petition and strongly represent your position in court.
Registration with the civil registry is necessary to record the divorce decree in the Personal Records Database (BRP). This is important for obtaining new official documents, such as a passport or identity card. Therefore, it is crucial not to overlook this step when filing for a divorce.
If you are getting a divorce, it is important to immediately engage an experienced divorce attorney. They can assist you with matters such as property division, prenuptial agreements, and arrangements concerning children. An attorney ensures that the process runs smoothly and that your interests are well protected.
Please contact us
We are available from Monday to Friday, from 9:00 AM to 5:00 PM, at the phone number +31 (0)30 – 3078732.
