Divorce

What is a divorce?

A divorce is the formal legal dissolution of a marriage. In the Netherlands, a divorce is always pronounced by a judge, via a petition that must be filed by a lawyer. This also applies if both partners fully agree on the divorce and its consequences.

In certain cases, a registered partnership can also be dissolved out of court, but as soon as minor children are involved or when the partners do not agree, the court is always involved.

The legal ground for a divorce is the irretrievable breakdown of the marriage. The court assesses whether this is the case.

How does the divorce procedure work?

The process begins with filing a petition at the competent court. You can read more about all the procedural steps on the divorce proceedings page. In broad terms, it proceeds as follows:

1. The lawyer analyzes your legal situation and determines which route is most suitable.
2. The petition is drafted and filed with the court.
3. In the case of a joint petition, both partners sign the request. In a unilateral petition, the other partner can file a defense through their own lawyer.
4. The court assesses the petition and issues a divorce decree.
5. The decree is registered in the civil status records. Only then is the divorce final.

In many cases, ancillary provisions, such as alimony, division of assets, and arrangements for children, are settled simultaneously with the divorce and recorded in a divorce settlement agreement.

Which route suits your situation?

Not every divorce proceeds in the same way. The choice between consultation, mediation, or legal proceedings depends on the relationship between the partners, the complexity of the financial situation, and the position of any children.

Divorcing by mutual agreement

When both partners agree on the main points, agreements can be recorded in a settlement agreement and parenting plan. The lawyer guides this process and ensures that the agreements are legally sound.

Mediation

A mediator guides the consultation when communication is still possible but stagnation is imminent. Mediation can be combined with individual legal guidance.

Judicial proceedings

When consultation does not lead to agreement, the judge decides on the points of dispute. The court assesses the ancillary provisions and determines the division.

What are the legal consequences of a divorce?

A divorce has consequences in several areas:

Children

When there are minor children, a parenting plan is legally required. This records agreements on custody, the division of care tasks, and child support. In most cases, both parents remain jointly charged with custody.

Alimony

In a divorce, both partner and child alimony may be applicable. The amount depends on the payer’s financial capacity and the recipient’s needs. You can read more about this on the alimony page.

Assets and home

The division of assets depends on the matrimonial property regime. In the case of community of property, assets and debts are shared. In the case of prenuptial agreements, the agreements laid down therein apply. In many cases, the home requires a separate assessment: who stays, who buys out the other, or will the home be sold?

International aspects

When one of the partners lives abroad or the marriage has international elements, additional rules regarding jurisdiction and applicable law apply. You can read more about this on the international family law page.

What does a divorce cost?

The costs of a divorce depend on the complexity of the case, the number of points of dispute, and the chosen route. In many cases, a lawyer works on an hourly basis. Factors influencing the costs include: the presence of children, the size of the assets, the degree of agreement between parties, and any international aspects.

A divorce by mutual agreement usually requires less time than legal proceedings. In an advisory meeting, your situation is assessed and an indication of the expected time investment is given.

Based on Real Cases

In one case, Simmelink Lawyers assisted a client in a divorce where both a private business and international assets played a role. The core of the case lay in the valuation of the business and the question of which law applied to the foreign assets. By carefully mapping out the legal situation, the parties were eventually able to reach an agreement. Every situation requires its own assessment.

Written by Carla Simmelink, family law lawyer at Simmelink Lawyers.

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