When you separate and divorce, a great deal comes your way at once. One of the first documents you will have to deal with is the divorce settlement agreement (echtscheidingsconvenant). In this article you will read exactly what this document covers, when you need it and how to arrange it step by step – from drafting to amending.
Key points
- A divorce settlement agreement is a written agreement between you and your ex-partner that records all arrangements about the consequences of the divorce on paper.
- The agreement is not legally required, but in practice it is almost always indispensable – certainly when there is an owner-occupied home, spousal maintenance or a pension division.
- Once confirmed by the court, the divorce settlement agreement is binding and legally valid, and arrangements can be enforced through a bailiff.
- Arrangements concerning minor children belong in a separate parenting plan, which is legally required.
What is a divorce settlement agreement?
A divorce settlement agreement is a written document in which ex-partners record their mutual arrangements about the divorce. The agreement is confirmed by the court and is usually submitted together with the petition. Legally, it functions as a settlement agreement under Article 7:900 of the Dutch Civil Code (BW). In a divorce settlement agreement you record the following topics: the division of the home and mortgage, household contents, debts, savings, any maintenance, pension division and insurance.
The difference from a parenting plan is important: the settlement agreement governs the arrangements between ex-partners, whereas the parenting plan deals specifically with minor children. Both documents complement each other. A divorce settlement agreement provides legal certainty and clarity and serves as the basis for future communication with your ex-partner.
Is a divorce settlement agreement mandatory?
The short answer: a divorce settlement agreement is not mandatory, but strongly recommended. Legally you can divorce without an agreement, but in practice the document is almost indispensable.
In the following situations an agreement is effectively necessary:
- There is a jointly owned home or mortgage
- There are joint debts or substantial assets
- Spousal maintenance needs to be arranged
- A pension division has to be recorded
- Financial arrangements such as allowances or taxes depend on fixed agreements
Where there are minor children, a parenting plan is legally required (Article 815, paragraph 3 of the Dutch Code of Civil Procedure, Rv) and is often submitted together with the agreement. Courts, banks, civil-law notaries and the Tax Administration almost always rely on the arrangements in a confirmed agreement.
In the case of a one-sided petition – without agreement with your ex-partner – the court can make arrangements itself. However, this leads to less predictable outcomes and longer proceedings.
What is included in a divorce settlement agreement?
A complete agreement addresses the following key topics:
| Component | What is arranged |
|---|---|
| Personal details | Names, date of marriage, date of separation, matrimonial property regime (limited community of property since 1 January 2018) |
| Home and mortgage | Who stays in the home, sale, valuation, release from joint and several liability |
| Division of property | Household contents, car, savings, investments, debts, private possessions, business |
| Spousal maintenance | Amount, start date, duration, indexation (a maximum of five years by default since 1 January 2020, with exceptions) |
| Pension | Equalisation of old-age pension, special survivor’s pension, any conversion |
| Tax arrangements | Tax refunds, deductions, allowances after the divorce |
| Insurance | Who keeps which insurance policies |
| Amendment clause | Conditions under which the agreement may be amended |
The agreement contains arrangements about maintenance, possessions and pensions and records the arrangements about maintenance and the division of the estate. A divorce settlement agreement also contains arrangements about the division of the estate and pension settlement. The agreement must be signed by both partners before it can be submitted.
Parenting plan and minor children
In a divorce involving minor children, a parenting plan is required in addition to the agreement. This applies to all parents with joint parental authority. For registration of the divorce, both an agreement and a parenting plan are required.
The parenting plan sets out arrangements concerning:
- Main residence and division of care
- Contact arrangements and holidays
- Exchange of information between parents
- Child maintenance
- Important decisions (choice of school, medical matters)
The court looks particularly critically at these arrangements and always puts the interests of the child first. Children aged 12 and over have a say; for younger children it is checked whether their interests have been sufficiently taken into account.
A clear parenting plan contributes to better mutual communication between parents and offers children the clarity they deserve during a difficult period. Child maintenance is usually arranged in the parenting plan, but the agreement can refer to the arrangements made.
Divorce settlement agreement: binding and legally valid
A divorce settlement agreement is essentially a contract, but only becomes fully enforceable once the court has confirmed it. Arrangements in the divorce settlement agreement are binding and enforceable after that confirmation.
The process takes place in steps:
- Both partners sign the agreement
- A lawyer submits the agreement together with the petition to the court
- The court approves the arrangements and reviews them against the law
- The divorce decree is registered with the civil registry
The court reviews whether the recorded arrangements are reasonable and not contrary to public order or statutory standards such as maintenance norms and pension legislation. The agreement becomes legally valid after approval by the court and upon submission to the court.
After confirmation, an enforceable title arises. This means that arrangements in the agreement – such as maintenance or the division of debts – can be enforced through a bailiff or the National Maintenance Collection Agency (LBIO). The agreement must be submitted to the court by a lawyer to achieve this. A well-drafted agreement prevents future conflicts, because both parties know exactly where they stand.
How can you draw up a divorce settlement agreement?
A divorce settlement agreement can be drawn up together or with the professional help of a lawyer, mediator or financial adviser. In 65% of divorces a mediator is engaged to reach lasting arrangements together.
The step-by-step plan looks as follows:
- Inventory – Map out all possessions, debts, income and obligations
- Discussion – Discuss housing wishes, maintenance and division in good consultation
- Putting it in writing – Draw up the agreement, possibly with the help of a mediator
- Legal review – Have a lawyer check the agreement and have it confirmed
Many couples opt for a joint lawyer or mediator. A mediator helps with drawing up a divorce settlement agreement, while a lawyer can make the agreement legally valid by submitting it to the court.
Do you want to engage a lawyer? That is sensible, because drafting an agreement entirely yourself without legal review carries risks: incomplete arrangements or provisions that later turn out to be unenforceable. In the case of a one-sided divorce the process costs more time and money, because the court is then forced to make the decisions itself.
Divorce settlement agreement and home & mortgage
Arrangements about the jointly owned home and mortgage are often the most far-reaching parts of the agreement. There are three common scenarios:
- One partner takes over the home – with refinancing within, for example, 12 months after registration of the divorce
- The home is sold – for example before the end of 2027, with division of the surplus value
- The home temporarily remains jointly owned – for a maximum of one to two years
Mortgage lenders often ask for a divorce settlement agreement to assess whether someone can bear the mortgage alone. Without an agreement, applying for a new mortgage is virtually impossible.
Record arrangements about release from joint and several liability, the obligation to bear residual debts and the division of surplus value very precisely, including the date and method of valuation. This prevents disputes afterwards.
Need a divorce settlement agreement? Bodies and situations
People sometimes unexpectedly discover that they need a divorce settlement agreement. These are common situations:
- Applying for a new mortgage or rental home
- Filing a tax return after the year of the divorce
- Applying for allowances or adjusting benefits
- Pension providers that want to receive the notification form
- Schools or daycare centres that ask for the parenting plan
The agreement is an important document and piece of evidence in disputes about maintenance, debts or pensions. It is therefore important to archive the divorce settlement agreement properly immediately after receipt – both digitally and on paper. This way you avoid practical issues that cause problems later on.
How can you request or retrieve a divorce settlement agreement?
Keep the original agreement and the divorce decree in several safe places: a folder at home, a digital copy in the cloud and possibly an external hard drive. A divorce settlement agreement remains valid and never expires.
Have you lost your divorce settlement agreement? Then you can request the divorce settlement agreement from:
- The lawyer or mediator who handled the file (as long as the retention period, usually 7 years, is running)
- The court where the petition was submitted (via the case number or the year of the divorce)
- The municipality (civil registry department) for information about the registration, although the agreement itself is usually not kept there
When requesting it, always bring a valid proof of identity and take into account small administrative costs.
Amending, supplementing or contesting the divorce settlement agreement
The agreement is binding after approval by the court, but a divorce settlement agreement can be amended after the divorce. Amendments to the agreement require the consent of both parties.
In the following situations amendment is common:
- Loss of a job or a structurally lower income
- Long-term illness
- A new relationship, cohabitation or remarriage
- Unforeseen circumstances that were not anticipated when drafting
Where there is mutual agreement, new arrangements can be recorded in a supplementary agreement or addendum, which can then be submitted to the court for confirmation. A supplementary agreement can be drawn up for new arrangements. Amendments may not be contrary to the law.
A one-sided amendment is only possible by asking the court for a ruling. You must then demonstrate that there are changed circumstances. In rare cases an agreement can be annulled in whole or in part – for example in the case of the deliberate concealment of assets or another defect of will such as error or fraud.
What does a divorce settlement agreement cost?
The costs depend on the chosen route:
| Route | Indicative costs (2026) |
|---|---|
| Joint lawyer or mediator | € 2,500 – € 4,500 (fixed package) |
| Each with their own lawyer | € 3,000 – € 7,000+ |
| Lawyer’s hourly rate | € 295 – € 400 per hour |
| Court fees for the divorce petition | A few hundred euros |
With a lower income you may be eligible for subsidised legal aid, which considerably lowers the costs. Many firms work with fixed package prices for a well-arranged divorce including the agreement, especially where the parties already broadly agree.
A carefully drafted agreement saves money in the long term: a well-drafted agreement prevents future conflicts and expensive proceedings afterwards.
Divorce settlement agreement signed – what now?
After all arrangements are settled and the agreement has been signed, these steps follow:
- The lawyer submits the agreement together with the petition to the court
- The court pronounces the divorce
- The decree is registered with the civil registry of the municipality
The arrangements in the agreement only fully apply from the moment the divorce is registered. Arrange the practical implementation immediately afterwards: transferring accounts, adjusting insurance, changes of address and informing the relevant bodies.
This is also the moment to actually implement the arrangements concerning the home, mortgage and pension. Think of adjusting the mortgage or having the deed of division drawn up by the civil-law notary. A checklist can help to make sure nothing is forgotten in the months after the divorce.
Frequently asked questions about the divorce settlement agreement
How long does a divorce settlement agreement remain valid?
A divorce settlement agreement remains valid and never expires, unless it has been partly amended by a supplementary agreement or a court ruling. Maintenance arrangements often have an end date – for example a maximum of five years of spousal maintenance, or longer in exceptional cases. Other arrangements, such as the pension division, are usually final once implemented. Did you make arrangements in a previous marriage? Those also remain in force as long as they have not been formally amended.
Do I need a civil-law notary for a divorce settlement agreement?
A civil-law notary is not required for drawing up the agreement itself. A mediator or lawyer is sufficient. A notary is needed for certain consequences, such as the deed of division of the home or the transfer upon sale. With real estate or your own business it is sensible to combine legal and notarial advice, so that the agreement and notarial deeds align with each other.
Can I write a divorce settlement agreement myself without a lawyer?
Writing it yourself is in principle allowed, but you always need a lawyer to submit the divorce petition to the court. Self-written agreements sometimes skip important topics or are legally unclear, which can later lead to disputes or additional proceedings. Have at least a legal check carried out before the agreement is signed, certainly where there is a home, a business or substantial assets. Recording a divorce without professional help is risky.
What if my ex-partner does not comply with the agreement?
First try to reach a solution in good consultation, possibly with the help of a lawyer or mediator. If that does not work and the agreement is part of the divorce decree, the arrangements can be enforced through a bailiff or the LBIO (in the case of child or spousal maintenance). In the event of non-compliance, the other party can engage a bailiff. In the case of repeated non-compliance it is sensible to seek legal advice about further steps such as attachment.
What is the difference between a divorce settlement agreement and a parenting plan?
The divorce settlement agreement contains all arrangements between ex-partners about financial and material matters: division of the estate, maintenance, home and pension. The parenting plan deals specifically with minor children: division of care, contact arrangements, upbringing and child maintenance. Together, both documents form the foundation for a stable situation after the divorce. The parenting plan is legally required as soon as there are minor children; the agreement is not, but it is strongly recommended. Consider a no-obligation introductory meeting with a specialised lawyer or mediator to make clear arrangements that really work.
