Act of acquiescence in divorce

What is an act of acquiescence?

A deed of acquiescence is a signed statement in which a spouse confirms they waive the right to appeal the divorce decree. Signing the deed makes the divorce immediately irrevocable, without having to wait for the three-month appeal period.

The deed is mostly used in divorces achieved through mutual consultation or via a joint petition. In such cases, both parties wish to move forward quickly and see no reason for an appeal. The divorce decree can only be registered in the civil status registers after the deed has been signed.

When do you use a deed of acquiescence?

A deed of acquiescence is used when both spouses agree with the court’s ruling and wish to finalize the divorce as quickly as possible. The deed is particularly common in joint petitions, as parties have already reached an agreement on the terms beforehand.

The deed is signed by both spouses separately. In most cases, the lawyers handle the drafting and exchange of the deeds immediately after the court decree. Signing preferably takes place within a few weeks of the decree so that the divorce can be registered promptly.

What are the benefits of a deed of acquiescence?

The deed of acquiescence shortens the duration of the divorce process by three months, as the appeal period does not have to be observed before the decree can be registered with the civil registry. This offers three concrete advantages:

• Faster registration in the civil registry, making the divorce official and allowing subsequent steps (such as property division or name changes) to be taken immediately.
• Financial clarity: after registration, tax partners are assessed separately, and the community of property is definitively dissolved.
• No uncertainty regarding a potential appeal by the other party. The ruling is finalized immediately.

Is an act of acquiescence binding?

A deed of acquiescence is irrevocable once signed: after signing, no appeal can be lodged against the divorce decree. The court ruling thus becomes final and can be registered with the civil registry.

This means that a careful prior assessment is essential. The decree does not only establish the divorce but often includes decisions on alimony, the parenting plan, or the division of assets. Once the deed is signed, these decisions are final. If you have doubts about any part of the ruling, have the decree reviewed before signing the deed.

How is a deed of acquiescence drafted and signed?

In practice, a deed of acquiescence is drafted by the parties’ lawyers immediately after the court decree. The deed contains standard elements: the names of the spouses, the date of the ruling, the case number, and the explicit statement that the right to appeal is waived. Both spouses sign the document separately.

The period for lodging an appeal is three months following the decree (Art. 358 of the Dutch Code of Civil Procedure). As long as the appeal period is running, the divorce decree cannot be definitively registered with the civil registry. With a deed of acquiescence from both parties, registration can take place immediately.

After signing, the deeds are exchanged between the lawyers and forwarded to the registrar of the civil registry in the municipality where the marriage was contracted. The registrar then registers the divorce decree. The divorce is only legally complete upon this registration.

Registration in the civil registry

The divorce decree only becomes official after registration in the civil status registers of the municipality where the marriage was contracted. Without registration, the marriage continues to exist legally, even if the court has granted the divorce.

If both parties sign a deed of acquiescence, the decree can be registered immediately and the divorce is irrevocable. Without a deed of acquiescence, the three-month appeal period must be observed before registration is possible.

Registration must take place within six months after the divorce decree has become irrevocable (Art. 1:163 paragraph 3 of the Dutch Civil Code). If registration does not occur within that period, the decree loses its legal force and a new divorce procedure must be started. This is a common pitfall for parties who postpone the practical handling after the ruling.

What is the difference from a statement of non-opposition?

A deed of acquiescence and a statement of non-opposition (referteverklaring) are both used to expedite a divorce procedure, but at different stages. A statement of non-opposition is signed before the court ruling and signifies that no statement of defense will be filed against the divorce petition. A deed of acquiescence is signed after the court ruling and signifies that no appeal will be lodged against the decree.

Both documents assume that the parties have reached an agreement on the divorce. In many divorces by mutual consent, both steps are completed: a statement of non-opposition during the procedure and a deed of acquiescence after the decree.

Deed of acquiescence in an international divorce

In a divorce before a Dutch court, Dutch procedural law applies: the three-month appeal period and the possibility of a deed of acquiescence are Dutch regulations (Art. 358 of the Dutch Code of Civil Procedure). If the divorce is granted in another country, the national law of that country determines whether a similar waiver is possible and what form it must take.

For the recognition of the decree in another EU member state, the Brussels II-ter Regulation applies. Outside the EU, recognition depends on bilateral treaties or national rules of private international law. You can read more about cross-border procedures on the international family law page.

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