Key Points
- A divorce is always applied for by means of a petition submitted to the court by a solicitor.
- You can choose between a joint petition (together with your partner) or a unilateral petition (alone).
- If you have minor children, a parenting plan is mandatory for applying for divorce.
- The costs vary from €2,500 to €10,000 depending on the procedure chosen and the complexity of the case.
- After the court ruling, the divorce decree must be registered within six months at the municipality where the marriage was concluded.
In the Netherlands, between 30,000 and 35,000 divorce petitions are filed each year. Many people think that divorce is a simple administrative procedure, but the reality is that filing for divorce requires a structured legal process in which professional guidance is essential.
Divorce can only be requested through the courts, regardless of how much you and your ex-partner agree on the divorce. This requirement applies to all forms of dissolution of marriage, whether it is a full divorce or a legal separation.
The most important decision you have to make when filing for divorce is whether to do so jointly with your partner or to file a unilateral petition. This choice has direct consequences for the procedure, costs and processing time.
How do you file for divorce?
Applying for a divorce always starts with drawing up a petition for divorce. This petition is the official starting point of any divorce proceedings in the United Kingdom and must be drawn up by a solicitor and submitted to the competent court.
The solicitor submits this petition to the court with jurisdiction over your case, usually the court in the district where you and your partner live. If you live in different places, specific rules determine which court has jurisdiction.
The fundamental difference between the two ways of applying for a divorce lies in the involvement of both partners:
- Joint application: Both partners apply for divorce together and agree on all important points
- Unilateral request: Only one partner files for divorce, regardless of the other’s opinion
This choice applies to all forms of divorce that you can file for: full divorce (where the marriage is permanently terminated), legal separation (where partners remain legally married but live apart), and dissolution of a registered partnership when minor children are involved.
Regardless of which form you choose, you are required to have a solicitor. The court will not accept petitions submitted directly by private individuals.
Joint Petition for Divorce
You can file a joint petition when both partners agree to the divorce and have reached agreement on all important aspects of the divorce. This means that you must agree on the division of assets, any spousal support, the home, and, if there are children, the parenting plan.
The advantages of a joint petition are considerable:
One solicitor is sufficient: You do not both need to hire your own solicitor. One solicitor can draft and file the petition for both partners, which significantly reduces costs.
Faster process: A joint petition is usually processed within 3 to 4 months, as there is no defence or multiple hearings required.
Lower costs: By using one solicitor and the shorter procedure, the total costs are lower than in a unilateral divorce.
For a joint petition, you will need the following documents:
- A divorce agreement setting out all the arrangements
- A BRP extract (basic registration of persons) for both partners
- A copy of the marriage certificate
- For minor children: a detailed parenting plan
If you do not have minor children and all agreements have been clearly laid down, the court can grant the divorce without you having to attend a hearing. The court will then make its decision based solely on the documents submitted.
An important part of the joint application is the signing of a deed of acquiescence. With this, both partners indicate that they will not appeal against the court’s decision.
Unilateral Petition for Divorce
If only one partner wants the divorce or if there is no agreement on important matters, you must file a unilateral petition. In this case, one partner applies for divorce without the consent of the other.
In a unilateral divorce, both partners are required to have their own solicitor. The partner filing the petition needs a solicitor to draft and file the petition. The other partner will be sent a copy of this petition and has six weeks to respond. If you cannot divorce jointly, each partner will need their own solicitor.
The other partner has several options:
Submit a statement of reference: This indicates that the partner has no objection to the divorce and waives the right to defend themselves. This speeds up the procedure considerably.
Submit a statement of defence: If the partner objects to (parts of) the divorce, they can submit a statement of defence through a solicitor. The judge will then invite both parties to a hearing.
Do nothing: Even then, the judge can grant the divorce, provided that the marriage has broken down irretrievably, which is assumed in almost all cases.
A unilateral request for divorce usually takes longer than a joint request. On average, it takes 6 to 12 months, especially when there is disagreement about children, maintenance or the division of assets. In complex cases, several hearings may be necessary before the judge makes a decision.
The costs of unilateral proceedings are higher because both partners have to hire a solicitor and the proceedings take longer.
Special Requirements for Minor Children
If you have children under the age of 18 together, there are additional requirements for filing for divorce. The most important thing is that you are required to draw up a parenting plan, regardless of whether you file a joint or unilateral petition.
The parenting plan must cover the following topics:
Care arrangement: Who will the children live with and how will care be divided? This can vary from full care with one parent to a fifty-fifty division.
Visitation arrangements: When and how will the parent with whom the minor child does not primarily live have contact with the child? Consider weekends, holidays and weekdays.
Child maintenance: How much should the non-custodial parent contribute to the child’s costs? This is calculated according to national guidelines based on income and division of care.
Duty to provide information: Agreements on how both parents will be kept informed about important developments in the child’s life, such as school, health and leisure activities.
The court always critically assesses the parenting plan in the interests of the child. The plan must be practically feasible and take into account the needs and age of the children.
In the presence of minor children, a hearing is always mandatory, even in the case of a joint request. Both parents must appear together with their solicitor to explain the parenting plan and answer questions from the judge.
If the parents cannot agree on the parenting plan, the judge can decide on the points of dispute. In some cases, the judge will refer the parties to mediation in order to reach better agreements.
Costs of applying for divorce
The costs of applying for a divorce vary greatly, depending on various factors such as the type of procedure, the complexity of your situation and whether there is disagreement between partners.
Court fees are mandatory costs that you must always pay to the court:
- Joint request: £331
- Unilateral request: £331 per person
Legal fees usually constitute the largest part of the total costs. Lawyers typically charge between €250 and €400 per hour, depending on their experience and location. For a simple joint divorce, you can expect 8-12 hours of work; for complex divorces, this can increase to 20-50 hours or more.
Additional costs may include:
- Mediator: £175-£300 per hour to reach an agreement
- Notary: For division of assets or transfer of real estate
- Appraiser: For valuation of assets
- Accountant: For complex asset situations
If you are on a low income, you may be eligible for subsidised legal aid, whereby the government reimburses part of the solicitor’s fees. Law & More does not work on the basis of subsidised legal aid.
Cost-increasing factors
Factors that can increase costs include disagreements about maintenance, disputes about children, international aspects, complex division of assets and the need for multiple hearings.
Procedure Steps in applying for divorce
The process of applying for a divorce follows a structured sequence of steps that you must complete before the divorce becomes final.
Step 1: Consult a solicitor and gather documents
The procedure starts with an initial consultation with a solicitor. Bring the following documents with you:
- Marriage certificate BRP extract for both partners
- Birth certificates of minor children
- Overview of assets and liabilities (joint assets)
- Income details of both partners
- Any existing prenuptial agreements
The solicitor will help you determine whether a joint or unilateral petition is most appropriate and which strategy best suits your situation.
Step 2: Draft and submit the petition to the court
The solicitor will ask you for additional information and draft the petition. This document contains all relevant information about the marriage, the reason for the divorce and the desired arrangements. Once all the documents are complete, the petition is submitted to the court together with the following attachments. The date on which the petition is received by the court may be important for allowances or other financial matters.
Step 3: Awaiting the other party’s response (6-week reflection period)
In the case of a unilateral petition, your partner will receive a copy of the petition and will have six weeks to respond. During this period, your partner can submit a statement of reference, file a statement of defence or take no action.
Step 4: Possible hearing or immediate ruling
Depending on the type of request and the response from the other party, the court will schedule a hearing or issue a ruling immediately:
- In the case of joint applications without children: often no hearing required
- For minor children: a hearing is always required
- For unilateral requests with defence: one or more hearings
Step 5: Registration of the divorce decree with the local authority
After the court ruling, you have six months to register the divorce decree with the civil registry. Only after this registration are you officially divorced.
Temporary provisions during the proceedings
During the divorce proceedings, urgent situations may arise that cannot wait until the final ruling. In that case, you can apply to the court for a provisional measure.
A provisional measure is a temporary measure that remains valid until the court issues a final ruling in the main case. This procedure is intended for urgent matters that require immediate resolution.
Examples of situations in which you can apply for a provisional measure:
Housing: Who is allowed to continue living in the house during the proceedings? This is particularly relevant when there is tension or insecurity in the home situation.
Child support: Temporary agreements on financial contributions for the children when one parent no longer provides money for their maintenance.
Visitation arrangements: Rapid settlement of contact between children and the parent with whom they do not live, especially in cases of dispute.
Spousal support: Temporary financial support when one partner was completely dependent on the other’s income.
Seizure of assets: Preventing the other partner from selling or removing important assets.
The procedure for applying for provisional relief has been accelerated: the hearing will take place within four weeks of the application. Both parties must appear with their solicitor to explain their position.
Please note: a provisional measure entails additional costs on top of the regular divorce proceedings. Therefore, carefully consider whether the urgency justifies these costs.
Registration and Final Divorce
The court ruling pronouncing the divorce is not yet the end of the proceedings. To be officially divorced, the divorce decree must be registered in the civil registry.
Where to register? Registration takes place at the municipality where the marriage was contracted. If the marriage was contracted abroad, registration takes place at the municipality of The Hague.
Registration deadline You have six months after the court ruling to register the decree. After this period, the decree loses its validity and you will have to start a new procedure.
Who arranges the registration? Usually, the solicitor will automatically arrange the registration for you. This is part of the service and will be charged separately.
When are you officially divorced? You are only legally divorced from the moment of registration with the civil registry. From that moment on:
- The matrimonial community of property ends (unless otherwise agreed)
- Both partners can remarry
- New tax rules apply
- The civil status officially changes
The practical consequences are that you must inform various authorities of your changed marital status, such as the tax authorities, your employer, insurers and banks.
Alternatives and assistance
Although it is mandatory to engage a solicitor for the formal part of the divorce proceedings, there are various alternatives and support options that can make the process easier and less expensive.
Mediation as an alternative to a contentious divorce
A mediator helps you and your partner reach agreements on all aspects of the divorce before you go to a solicitor. Mediation is particularly useful when there is disagreement about children, maintenance or the division of assets.
Advantages of mediation:
- Lower costs than lengthy legal proceedings
- More control over the outcome
- Better communication between ex-partners
- Less stress for any children
The mediator is a neutral third party who does not make decisions, but helps the parties reach their own agreements. The result of mediation is recorded in a covenant that is later incorporated into the petition by the solicitor.
Online divorce for simple situations
For simple divorces without children and with full agreement, online platforms are available to streamline the process. These services help with:
- Gathering the necessary documents
- Drafting a divorce agreement
- Contacting a solicitor for formal submission
Online divorce is cheaper than traditional procedures but only suitable for uncomplicated situations.
Legal Help Desk for free basic advice
The Legal Desk offers free information and advice on divorce. You can contact them for:
- Basic information about the procedure
- Assistance in determining your rights and obligations
- Referral to appropriate support services
- Information about financial arrangements
Divorce mediation via the local authority or organisations
Many local authorities and social organisations offer divorce mediation, often at reduced rates. These services focus on:
- Practical arrangements concerning children
- Communication between divorced parents
- Financial planning after divorce
It is wise to seek help before conflicts escalate. Early intervention can save a lot of time, money and emotional damage.
Frequently asked questions
Can I get divorced without a solicitor?
No, a solicitor is always required to file a petition with the court. However, you can make agreements yourself in advance through mediation and have them formalised by the solicitor. The solicitor will ensure that the divorce petition is filed in accordance with the correct legal procedure and that all the required documents are correct.
How long does a divorce procedure take?
In the case of a joint petition without children, the proceedings take 6-8 weeks from submission to judgement. With children or in the event of disagreement, it takes 3-12 months, depending on the complexity and the number of hearings required. The divorce is only final after registration with the civil registry.
What happens if my partner does not cooperate with the divorce?
You can file a unilateral petition, even if your partner does not cooperate. Your partner will have 6 weeks to respond, but even without a response, the court can grant the divorce if the marriage is irretrievably broken. This is almost always assumed when one partner consistently indicates that dissolving the marriage is the only option.
Do I have to go to court for a divorce?
In the case of a joint request without children, a hearing is often not necessary and the court will decide on the basis of the documents. In the case of minor children or unilateral requests, a hearing is usually mandatory. Both parties must then appear with their solicitor to answer questions and explain the parenting plan.
What is the difference between legal separation and divorce?
In the case of legal separation, you remain officially married but live apart with the consent of the judge. A full divorce terminates the marriage completely. The application procedure is identical, but in the case of legal separation, it is registered differently with the civil registry. After one year, you can have the legal separation converted into a full divorce.
