Divorce Mediation

For which Matters?

Divorce mediation means that you, together with your partner, make agreements about all aspects of the divorce. This can concern the home, alimony, arrangements for children, pension, or the division of assets. Unlike a judicial procedure, you decide yourself, with the help of the mediator, on the content of the agreements.

Key features:

• Voluntary participation of both partners
• Neutral and independent mediator
• Agreements recorded in a settlement agreement and parenting plan
• Focused on sustainable solutions and clear communication

Why choose mediation?

Mediation is often faster and less costly than a full court procedure. In many cases, it also helps to maintain the relationship between (ex-)partners, especially if there are children. Furthermore, parties have more influence on the outcome than with a judge’s ruling.

• Less time and cost than a legal procedure
• Tailored agreements, suited to your situation
• Maintaining respectful communication
• Greater likelihood of adherence to agreements

Mediation Process Steps

Our approach is clear and straightforward:

1. Step 1 – Intake
   The mediator discusses the background, wishes, and points of attention with both partners. All relevant facts are inventoried: home, income, assets, pension, and children.
2. Step 2 – Investigation Phase
   An overview of the situation and possible solutions is prepared. Tax and financial implications are often also considered.
3. Step 3 – Discussion Phase
   During several discussions, topics such as the division of assets, alimony, the parenting plan, and pension equalization are discussed.
4. Step 4 – Documentation
   The agreements are recorded in a divorce settlement agreement and, if there are children, a parenting plan. The lawyer-mediator then submits a petition for divorce to the court.
5. Step 5 – Completion
   After approval by the court, the divorce is registered in the marriage register. If desired, the mediator can still assist with aftercare or adjustment of agreements.

Scenarios

• Divorce with children: mediation helps parents make agreements about residence, care arrangements, and alimony.
• Business divorce: for entrepreneurs and DGA’s, attention to share valuation and business continuity is essential.
• International separation: if one of the partners lives abroad or has international assets, Simmelink assists in determining the competent court and applicable law.
• Urgency or interim measures: in urgent matters, such as housing or income, mediation can be combined with an interim measure from the court.

Examples from our Practice

Co-parents

A couple with two children chose mediation to jointly draft the parenting plan. This way, we reached a workable arrangement without a lawsuit.

Divorcing entrepreneur

During the division of a family business, the mediator assisted with a financial overview and agreements on transfer.

International context

A Dutch-German couple divided their pension rights in both countries through mediation, under the guidance of one of our lawyers with knowledge of international family law.