Coronavirus update: New national measures announced, BREAKING: New national face mask advice from Prime Minister, Stricter coronavirus measures announced for the Netherlands. Extra coronavirus measures for Amsterdam, Rotterdam and The Hague. There are exceptions to this rule for spouses with children under the age of 12 and for long marriages. You cannot file the petition yourself. Your lawyer has the expertise to advise you on your rights, options and obligations regarding your children, the division of property, partner alimony and child maintenance. This was regardless of which spouse owned it, and whether it was bought before or during the relationship. This does not automatically mean that Dutch law will apply to all aspects of your divorce. If you both reach an agreement, the mediator will file a petition for divorce on behalf of both spouses, along with a divorce agreement and a parenting plan. Divorces requiring a consensual contract and/or a parenting plan will cost around €765. There are three types of formal union in the Netherlands: marriage, a registered partnership, and a living together agreement. It means that a Dutch judge can rule on the divorce. If you got married there, you must get your marriage formally dissolved (ontbinding) by the District Court. The divorce in the Netherlands may be asked at any time after the marriage, there is not required to be married for a certain period before entering into divorce procedures. Extra coronavirus measures for Amsterdam, Rotterdam and The Hague. If a couple wish to end their registered partnership in the Netherlands, the matter can be very simple as long as there are no children involved. The spouse being filed against has six to 10 weeks to file a defence contesting the divorce claim. This site uses functional cookies and external scripts to improve your experience. Certain funds considered to be equivalent to pensions may also be shared. If you are married, you can get divorced via the district court here. How important decisions in the child's life will be taken. You may change your settings at any time. In the Netherlands, you do not need to provide a reason. This can include documents such as: In addition to getting all of your paperwork together, you will also need to factor in the costs of getting a divorce. You can of course change your mind and withdraw your consent at any time, by returning to this site after clearing the cookies on your computer or device. The divorce is achieved by registration of the judgment in the registers of civil status. In this case, they will remain officially related to both parents. Mediation can be a favourable option for divorcing couples who want to solve their issues in a more affable way. If you got married there, you must get your marriage formally dissolved (ontbinding) by … To be able to file for divorce in the Netherlands you will need a lawyer. Despite these facts, the current divorce rate is slightly lower than the EU average: 2 people per 1,000. Just as there are separate options for a couple to legally formalise their relationship in the Netherlands, there are separate ways in which to end that relationship too. Coronavirus update: New national measures announced, BREAKING: New national face mask advice from Prime Minister, Stricter coronavirus measures announced for the Netherlands. If this is the case, the procedure outlined should be followed. Parents are obliged to look after their children financially in all situations, including after divorce. This is the so-called annual statutory indexation. This includes agreements about child support, the child’s residence, division of care, and more. With this in mind, it is important to consult your lawyer as part of the divorce mediation, to make sure that you have the correct residence permit. The courts will respect this, unless they see it as immoral or contrary to public order. Following a divorce or legal separation there are a number of rules which govern the division of pension funds, the payment of maintenance and the care of any children born during the relationship. With highly experienced experts and access to a wide network of family lawyers abroad, GMW lawyers can help you achieve the best legal outcome, no matter how complex the case. They can guide you through the process, litigate for you in court if needed, and represent you during difficult negotiations with your spouse. Here is a selection of articles, news and features you may also like. A couple who have had children during their marriage or registered partnership are obliged to make a parenting plan which ensures that their offspring are taken care of. It is usually less expensive than letting the court decide all the details. This must include details on how they will share caring for their children after the divorce, how both parents will stay in contact, and how the finances will work. As an expat it is important to remember that your right to remain in the Netherlands could also be put into question. Currently, the main rule is that the duration of the partner alimony is half the duration of the marriage, with a maximum of five years. You can choose to go through mediation as a first step. Are more national coronavirus measures on the way? Relationships can change at any stage of our lives, including while living in another country. Marriage dissolutions have also become more common. A court cannot dissolve registered partnerships, or sort arrangements such as spousal maintenance. It means that a Dutch judge can rule on the divorce. GMW lawyers has a large team of family lawyers who understand the needs of expats and can help you with your divorce in English. However, nowadays, only property acquired during the marriage is considered part of the marital property. What falls under the scope of "marital community of property" depends on the law applicable to the division of the assets. The property is divided and / or (partly) settled based on either a matrimonial community of property or a prenuptial agreement. Many other conditions apply, so it is advisable to seek professional advice first. The division of responsibility for the upbringing of the children. The lawyer will also contact a bailiff to serve the divorce papers to the other spouse. The court may use the details of the settlement when issuing its divorce order. Click below to consent to the use of this technology on our website – and don’t worry, we respect your privacy. How this relates to your relationship is fairly open to interpretation, and usually you won’t have to define or prove how the marriage has broken down. The couple will equally share all pensions built up during the marriage; this is a pension equalisation (‘pensioenverevening‘). Often the most challenging part of a divorce is the division and settlement of property. Child maintenance is calculated until a certain date, but can be changed later depending on the circumstances. The court will only grant an annulment based on the following conditions: If an annulment is granted, it means the marriage will be treated as if it never existed. The judge will make a ruling after the court hearing, which takes another six to eight weeks. In this scenario, the judge might also include decisions on all matters submitted, like the division of property, partner alimony, and child maintenance. If you and your partner have decided to end your marriageyou must submit your application to the court via registered legal representation. The guide includes information on the following: Carlijn van der Vegt-Boshouwers from SCG Lawyers advises and informs clients in family law matters, such as maintenance, care arrangements, divisions, and the settlement of prenuptial agreements. You can read more about this in our guide to marriage in the Netherlands. The sharing of expenses related to the upbringing of the children. If the partners do not agree, one spouse can file an individual petition for divorce. Most expats getting divorced in the Netherlands will be able to do so legally, and the divorce should also be recognised in your own country. For expats of all colours, shapes & sizes, registered partnership in the Netherlands. NOTE: These settings will only apply to the browser and device you are currently using. However, the couple can just make an agreement through a lawyer without going to court if they have no children and both agree to the terms. Information about any children affected by the breakdown of the relationship; A parenting plan, if the couple have children. Regardless of whether you are an expat or a native, you will need to demonstrate the reasons behind wanting to divorce your partner. In the Netherlands, the Dutch court must process and approve all divorces, and they will usually process the divorce if your partner is Dutch. Expatica uses technology such as cookies and scripts to personalize content and ads, provide social media features, and analyze our traffic. Most of the time, it is possible for internationals living in the Netherlands to get divorced here. Here is a selection of articles, news and features you may also like. An agreement must be reached in person, or by the use of a mediator, and then submitted to the court on issues such as: The child's wishes should also be taken into account in the drawing-up of the parenting plan. You can end a registered partnership in a similar way to a marriage. There is also no financial advantage to being the person who is filing the divorce. Your lawyer will receive the verdict. A legal separation may be turned into a divorce after a three-year waiting period. If a couple living together without any agreement wish to separate, a division of property and inventory, as well as a decision on the future use of the shared property should be agreed upon. If no children are involved the partners simply draw up an agreement in the presence of a lawyer or a notary and it is filed in the local municipality. Here is a list of expat-friendly Dutch and international law firms, lawyers and advisors in the Netherlands. If you and your partner are both residents of countries outside of the Netherlands, you may first need to find out whether Dutch laws can apply before you file for divorce. As for property bought during the marriage, how it is split will depend on how long you were married for, which country you were married in, and how long you stayed in the Netherlands. This helpful guide, provided by SCG Lawyers, explains the process and what to expect during divorce proceedings. A legal separation (scheiding van tafel en bed) is an intermediate step where a couple will technically remain married, but will not live together. The only exception is if any children were born as a result of the annulled marriage. This usually takes place a couple of months after the defence has been filed, depending on how busy the District Court is. However, if you cannot agree, or you choose not to go through mediation, the spouse filing for divorce must get a lawyer to file a petition to the local District Court (rechtbank).
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