Divorce

What does a divorce involve?

A divorce is the legal dissolution of a marriage through the court. In the Netherlands, a divorce is always granted by a judge via a petition that must be filed by a lawyer (Article 815, paragraph 1 Rv). This also applies if both partners fully agree on the divorce.

A registered partnership without minor children can, under certain conditions, be dissolved outside of court via a notarial agreement. As soon as there are minor children involved or the partners do not agree on the settlement, the court is always involved.

In principle, the divorce consists of two parts: the formal dissolution of the marriage and the settlement of the consequences, such as alimony, the home, division of assets, and agreements regarding children. Both parts are preferably handled in conjunction to prevent later disputes.

How does the divorce procedure work?

The procedure begins with filing a petition with the court. The judge assesses the request and, in the event of an irretrievable breakdown of the marriage, grants the divorce. The processing time is between two to four months in the case of consensus and six weeks to six months in the case of dispute, depending on the complexity and the court’s schedule.

The process follows five steps:

• Orientation and advice.
  Determining which route fits best: mutual agreement, mediation, or legal proceedings.
• Drafting and filing the petition.
  By the lawyer at the competent court, via joint petition or unilateral request.
• Handling by the judge.
  Usually in writing for joint petitions; for unilateral requests, with an oral hearing if necessary.
• Ruling and registration.
  The divorce decree is registered in the civil status records, after which the marriage is officially dissolved.
• Settlement of ancillary provisions.
  Alimony, housing, division of assets, child arrangements, and pension equalization.

Which route suits your situation?

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, a divorce can be completed relatively quickly. Agreements are recorded in a divorce settlement agreement. One lawyer can file the petition on behalf of both partners, provided the lawyer performs an independent legal review and both partners agree in writing.

Divorcing through mediation

In mediation, a neutral mediator guides the negotiations. Mediation is a suitable route when communication is difficult but both partners are willing to consult. A lawyer remains required for drafting and filing the legal documents with the court. Read more about choosing between a mediator and a lawyer.

Judicial proceedings

When parties cannot agree on important components such as alimony, the home, or child contact arrangements, the court decides. Each party is then represented by their own lawyer. In complex asset situations or international aspects, guidance from a specialized divorce lawyer is generally the most prudent route.

In Simmelink files, we see that a combined approach works when parties cannot reach agreement on one subject while other subjects can be settled mutually: a procedure for the specific sub-issue where there is no consultation, and a settlement outside of court for the remaining points.

What do you need to arrange when divorcing with children?

When divorcing with minor children, a parenting plan is legally required under Article 815, paragraph 2 Rv. The plan contains agreements on the division of care, residence, contact, and child support, and must be attached to the divorce petition before the court can grant the divorce.

Child support is calculated according to the Trema standards based on the child’s needs and the financial capacity of both parents. Annual indexing applies automatically unless parents agree otherwise; for 2026, the indexing is 4.6 percent.

The court reviews the parenting plan for completeness and the best interests of the child. If parents fail to reach an agreement, the judge can establish a dynamic themselves based on Article 1:253a of the Dutch Civil Code (BW). Read more about drafting or amending a parenting plan.

How does alimony work in a divorce?

In a divorce, both spousal maintenance and child support may be applicable. Spousal maintenance is a contribution to the ex-partner’s living costs when their income after the divorce is insufficient. Child support is the financial contribution from a parent toward the costs of care and upbringing.

The amount of alimony is determined based on need, financial capacity, and, for spousal maintenance, the duration of the marriage. Since January 1, 2020, a maximum duration of five years or half the duration of the marriage applies to new spousal maintenance obligations, with exceptions for long marriages and young children (Spousal Maintenance Revision Act).

Modification of alimony is possible in the event of a significant change in circumstances (Article 1:401 BW). Read more about calculating, modifying, and terminating alimony.

How are assets, the home, and businesses divided?

The division of assets and the marital home is often the most complex part of divorce files. The applicable matrimonial property regime determines the framework. Marriages entered into before January 1, 2018, without a prenuptial agreement fall under the general community of property. Marriages thereafter fall under the limited community of property (Article 1:94 BW), where pre-marital assets, inheritances, and gifts remain private property.

Three themes structurally recur in divorce files:

• The primary residence.
  Who continues to live there, how the equity is divided, and whether the remaining party can independently carry the mortgage.
• Pension rights.
  Equalization is handled via the Pension Rights Equalization of Divorces Act. Notification to the pension fund must take place within two years after the registration of the divorce decree.
• Own business or director-major shareholder (DGA) structure.
  Valuation, liquidity, and pension in own management require an independent analysis, usually in collaboration with a tax specialist.

In Simmelink files, we see that the valuation of a business and the tax consequences of allocation are often more decisive than the legal qualification alone. Read more about assets and the home during divorce.

When is a divorce considered international?

An international divorce occurs when partners have different nationalities, one of them lives or works abroad, or when assets are located in multiple countries. In those cases, two independent questions arise: which court has jurisdiction, and which national law applies.

Within Europe, the Brussels II-ter Regulation (EU 2019/1111) determines which court has jurisdiction for the divorce. Whoever files a petition first can establish jurisdiction in a particular country. For the law applicable to the divorce, Rome III applies; for maintenance obligations, the 2007 Hague Maintenance Protocol applies; and for the matrimonial property regime, the Matrimonial Property Systems Regulation (EU 2016/1103) applies.

The choice of forum can be decisive for the outcome, as different legal systems have varying rules for alimony, asset division, and pension equalization. Read more on the international family law page.

Practical examples

Divorce with own home and equity

A client turned to us for a divorce where the marital home had significant equity. Neither partner wanted to sell the house: one wanted to buy the other out, while the other disputed the value.

The legal analysis focused on the valuation, the feasibility of a buyout by one partner, and the tax consequences of allocation. By comparing the routes (buyout, sale with division of equity, joint ownership with a usage arrangement), the decision could be made structurally. The case was finalized through negotiations, without court proceedings.

Divorce with minor children

A parent turned to us for a divorce involving two young children. Discussions revolved around the division of care and the amount of child support, partly due to the varying work schedules of both parents.

The legal guidance involved drafting a parenting plan that was legally sound and aligned with the practical situation of both parents. Child support was calculated according to the Trema standards based on current financial capacity and the agreed division of care. In this type of case, multiple routes are possible: from amicable consultation to a court decision on a specific sub-issue.

Divorce with an international component

A client with Dutch nationality divorced a partner from another EU country. Both partners lived alternately in both countries, with assets in both jurisdictions.

The core lay in the jurisdictional question based on Brussels II-ter and the choice of forum, which would be decisive for the applicable rules regarding alimony and asset division. By separating the international and national aspects, a structure could be built step-by-step: first the jurisdictional question, then the parenting plan, and finally the financial agreements based on the applicable law.

Many clients of Simmelink Lawyers start with an introductory consultation. During this meeting, the legal position is mapped out and possible routes are discussed without you having to start legal proceedings immediately.

Many clients of Simmelink Lawyers start with an initial advisory consultation. During this meeting, your legal position is mapped out and possible routes are discussed, without you having to start a procedure immediately. The consultation is charged at an hourly rate.

Are you already in proceedings via another lawyer and would you like a second assessment? A second opinion provides an independent judgment on the strategy and available routes, without you having to switch lawyers immediately.

After your registration, our secretariat will contact you within one business day to schedule an appointment.

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