A divorce is a significant event that can be both emotionally and legally complex. Whether you make a joint decision to separate or file a unilateral petition for divorce, it is important to know which steps you must go through and what your rights and obligations are. In this comprehensive article, we discuss everything you need to know about getting divorced in the Netherlands: from the legal options to the financial and practical consequences of a divorce.

What should you pay attention to in a divorce?

A divorce involves many decisions. You must take into account not only the division of property, but also agreements about children, alimony, and pensions. Here are some important things to keep in mind:

1. Filing for divorce: Unilateral or Joint

In the Netherlands, a divorce can be filed in two ways:

• Joint petition for divorce:
• In this case, you and your partner jointly file a petition with the court. This is often the most peaceful way to divorce and offers the opportunity to make joint agreements on matters such as alimony, division of assets, and care for the children.Unilateral petition for divorce

:If one of the partners does not want to divorce or if you cannot reach agreement together, one partner can file a unilateral petition. This can lead to a legal dispute, in which the court makes a decision on the disputes.

2. Separation from bed and boardIn addition to a regular divorce, there is also the option of a

separation from bed and board. This is a legal separation in which the marriage formally remains in place, but you and your partner live separately. This can be a solution for couples who, for religious reasons, do not want to divorce, or for situations in which you wish to maintain financial arrangements.

3. MaintenanceIn a divorce, agreements can be made about spousal maintenance and

• child support:
• Spousal maintenance: This is a financial contribution from one ex-partner to the other. The amount and duration of the maintenance are determined based on the incomes of both parties and the extent to which one partner depends on the other. The statutory period for spousal maintenance is a maximum of 12 years, but there are exceptions.

Child support: Parents are legally required to care for their children, even after a divorce. Child support is intended to cover the costs of raising and caring for the children. The amount is calculated based on the incomes of both parents and the needs of the child.

4. Division of assets and debtsIn a divorce, you must also make agreements about the division of

• assets and debts. In the Netherlands, there are three possible marital property regimes:
• Community of property: Until 1 January 2018, upon marriage, the assets of both partners were combined by default. Everything accumulated during the marriage is divided 50/50 upon divorce. This also applies to debts.
• Limited community of property: After 1 January 2018, a limited community of property applies. This means that only the assets accumulated during the marriage are divided. Property and debts from before the marriage remain outside the division.

Prenuptial agreement: If you have had a prenuptial agreement drawn up, then this agreement determines how your assets and debts will be divided. It is important to have the prenuptial agreement carefully reviewed by a lawyer to prevent disputes.

5. Parenting planWhen minor children are involved in a divorce, drafting a

parenting plan mandatory. In this plan, you make agreements about the care and upbringing of the children, such as the division of care (co-parenting or contact arrangement), agreements about upbringing and communication between the parents, and the division of the costs. A parenting plan is important to ensure the stability and well-being of the children.

6. Pension divisionIn a divorce, you must also take into account the division of accrued pensions. In the Netherlands the

Equalization of Pension Rights in the Event of Divorce Act

, which states that both ex-partners are entitled to half of the old-age pension accrued during the marriage. However, you can make different arrangements together and record them in the divorce agreement.

Legal Options When DivorcingIn addition to a regular divorce, there are several other legal options for couples who are separating. It is important to know which option best fits your situation:

1.

MediationMediation is a process in which you and your partner, with the help of a mediator, try to make agreements together about the consequences of the divorce. A mediator is a neutral third party who helps improve communication between the two of you and reach agreement. Mediation can save a lot of time and money, especially if you want to work things out together without going to court.

2. Collaborative Divorce (overlegscheiding)In a

Collaborative Divorce, or overlegscheiding, both parties work together with their lawyers and other experts to find a solution without going to court. This process requires both parties to commit to a peaceful divorce. The goal is to reach mutually acceptable agreements through constructive dialogue.

3.

Court Case at the District Court

If you and your partner cannot reach an agreement, a court ruling may be necessary. In that case, the judge will decide on the most important issues, such as the division of assets, alimony, and the care of the children. This can be a lengthy and costly process, but sometimes it is unavoidable when negotiations break down.Important Steps in the Divorce ProcessTo make the

1. divorce process as smoothly as possible, there are several important steps you need to go through:

2. Preparation: Gather all relevant information about your finances, assets, debts, pension, and any agreements you have previously made. Consider what you find important in the division of assets and the care of the children.

3. Engaging a lawyer: It is essential to obtain legal assistance. An experienced divorce lawyer can guide you through the process, negotiate on your behalf, and ensure that your interests are protected.

4. Filing the petition: This is the formal start of the divorce process. The petition is filed with the court. In a joint divorce, both parties sign the petition, while in a unilateral divorce one party files the petition.

5. Drafting a divorce settlement agreement: In this document you set out the agreements on the division of assets, spousal support, pensions and other matters. If there are children, the parenting plan is included as well.

6. Court ruling: Once the judge has reviewed the divorce petition, the judge issues a ruling. This can be a relatively quick procedure in a joint divorce, but in a unilateral divorce it may take longer if there are disputes.

Registration in the civil registry

• : The divorce is only official once the court’s ruling has been registered in the civil registry of the municipality where you were married.
  Frequently Asked Questions about Divorce in the Netherlands

• How long does a divorce take?
  The duration of a divorce depends on the complexity of the case. A joint divorce can be finalized within a few months, while a contentious divorce may take longer.

• How much does a divorce cost?
  The cost of a divorce varies widely and depends on factors such as the complexity of the case, the duration of the process, and the involvement of lawyers and mediators.

• Do I have to pay alimony?
  This depends on the financial situation of both parties and the agreements that have been made. A lawyer can help you make the right calculations and formalize the arrangements.

What happens to my business during a divorce?

If you own a business, it can be involved in the division of assets. It is important to hire a lawyer with experience in complex asset divisions and business law.