Divorce in the Netherlands: Key Steps for Expats Navigating Separation

Special thanks to GMW Lawyers for providing this thoughtful and helpful article for our readers.

“Imagine you and your partner were married abroad, for instance, in England. Afterwards, you are relocated to Singapore, where you lived together for some time. You and your partner hold Italian nationality and currently reside in the Netherlands, seeking a divorce. In this situation, questions arise regarding which court has jurisdiction and which laws apply to your divorce proceedings.”

A divorce can be a challenging experience, especially for expats navigating through a foreign legal system. It’s crucial to be aware that if your marriage was not solemnized in the Netherlands, determining the applicable law for the divorce may be complex. Understanding the steps involved in a Dutch divorce proceeding can be insightful. This article will provide a comprehensive overview of the divorce process in the Netherlands.

Reasons for Divorce in the Netherlands

The first step in the divorce process is the decision to end the marriage. Unlike many other jurisdictions, Dutch law does not require you to provide reasons or grounds for the divorce. You can initiate the process simply by deciding to separate. The ground for ending the marriage is that it is permanently disrupted.

Engaging a Lawyer

Once you decide to divorce, the next step is to engage a lawyer. In the Netherlands, you can only file for divorce with legal representation. Your lawyer will guide you through the process, prepare the necessary documents, and, if necessary, represent you in court.

Your lawyer will determine your legal position based on the mutual agreements reached between you and your ex-spouse and the provisions of your marital contract.

In addition, when interpreting a marriage covenant or prenuptial agreement in the event of a dispute, it should be done based on what each party could reasonably expect from the other. This means that the interpretation goes beyond just the literal wording of the agreement. This approach, known as the Haviltex standard, considers the specific circumstances and intentions of the parties involved. Therefore, the meaning of the agreement depends not only on its language but also on the context and expectations of both parties.

A family law attorney can help draft a divorce agreement, negotiate additional terms and inform you about your rights.

Filing the Divorce Petition

Your lawyer will draft a divorce petition and submit it to the appropriate court. The competent court is typically located in the district where you or your spouse resides. Other factors may determine jurisdiction if one or both parties live outside the Netherlands.

Topics in a Divorce Petition

When preparing a divorce petition, certain essential topics must be addressed in the divorce covenant, including:

A parenting plan: If you have minor children, Dutch law mandates that a parenting plan be included with the divorce petition. This plan outlines how you and your spouse will share parental responsibilities after the divorce, covering aspects such as custody, visitation rights, distribution of holidays and child alimony.

Division of assets: The divorce covenant should outline the division of marital assets and property, including any agreements regarding potential spousal support (partner alimony). In cases where one partner owns a business, the division can become particularly complex, requiring careful valuation and consideration of its financial status, sources and prospects.

In the Netherlands, there are rules for the division of joint goods and assets. Are you married in community of property? Then the intention is that you divide all possessions, debts and assets equally. It does not matter what was built up before or during the marriage. In this situation, both (ex-)partners are basically entitled to half of the joint property and assets.

The rules are different if you are married in a limited community of property. In that case, the goods and assets, which were yours alone before the marriage, remain yours. It is also possible that you have a prenuptial agreement. In these, you have made your own arrangements about what is to be divided in case of divorce.

Pension division: Consideration must also be given to the division of pension rights accrued during the marriage.

Three Ways to Divorce

You and your ex-spouse can meet with a mediator to draw an agreement. Alternatively, a divorce agreement can be drafted when both parties engage their own lawyer, allowing them to reach a consensus on its contents. Both variations of agreements can then be submitted to the court, which will formalize the dissolution of the marriage.

If the parties cannot reach an agreement, the court will decide regarding the content of the covenant.

After the petition is submitted, the court will schedule a hearing. Both parties must attend, and your lawyer will represent you. The court will review the divorce petition and the parenting plan, if applicable. If everything is in order, the court will grant the divorce.

Conclusion

Divorce in the Netherlands is a structured process that prioritizes the welfare of children while allowing individuals to separate without the need to prove fault. If you are facing a divorce, don’t hesitate to seek professional legal assistance to ensure that your rights and interests are protected throughout this challenging time. At GMW, we have experienced family law attorneys and are happy to assist you.

About the Author

Gina van der Zanden is a dedicated attorney specializing in Family and Inheritance Law, handling national and international divorce cases, relationship separations, alimony, child-related matters and youth law. Known for her empathy and ability to balance emotional and legal aspects, Gina strives to find sustainable solutions that help clients move forward.