Divorce costs in the Netherlands: what you pay and how to save

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The cost of a divorce in the Netherlands depends mainly on how far you and your spouse disagree: an agreed divorce through one lawyer is the cheapest route, a fully contested divorce with two lawyers the most expensive. The fixed part is small: in 2026 the court fee at the district court is €341 per person, while lawyers’ fees, notary costs and valuations make up most of the bill.

A lawyer (advocaat) is compulsory. Under Dutch procedural law you cannot file a divorce petition yourself, even if you and your spouse agree on everything. Read more about the procedure itself in our article on divorce in the Netherlands.

What does the bill consist of?

A Dutch divorce is a bundle of separate costs, some fixed by law and some set freely by the professional. The table shows which costs you always pay and which only arise in certain situations.

ComponentHow it is setAlways payable?
Lawyer (advocaat)Hourly rate or fixed fee; free marketYes, compulsory
Court fee (griffierecht)Fixed by law, indexed every 1 JanuaryYes
Bailiff (gerechtsdeurwaarder)Capped by a government decree (Btag)Only for a one-sided petition
Civil-law notary (notaris)Free market, per deedOnly where a deed is needed
MediatorHourly rate or package; free marketOnly if you mediate
Expert (valuer, actuary)Free market, per reportOnly where a valuation is needed

How do lawyers charge for a divorce?

Dutch lawyers charge either by the hour or a fixed fee; there is no statutory tariff. Ask for the rate and the fee arrangement in writing before you give instructions.

Hourly rate

You pay for the time actually spent, usually in units of five or six minutes, at the rate stated in the engagement letter. Some firms add a percentage for office expenses. Hourly billing has no ceiling, so ask for a written estimate and agree that the firm warns you before it is exceeded.

Fixed fee

A fixed fee works for an agreed joint petition, where the scope is predictable. Check what falls outside it: the court fee, bailiff costs, notary fees, valuations and translations are normally charged on top. For a contested divorce almost no firm offers a fixed fee, because nobody knows in advance how many hearings there will be.

How much is the court fee for a divorce?

In 2026 the court fee for a divorce at the district court (rechtbank) is €341 for a private individual and €93 for someone of limited means (onvermogend). A divorce counts as a case of undetermined value; the amounts are in the annex to the Court Fees (Civil Cases) Act (Wet griffierechten burgerlijke zaken) and are indexed every 1 January. No VAT is charged on the court fee.

Joint petition: one fee

If you and your spouse file a joint petition (gemeenschappelijk verzoek) through the same lawyer, the court charges one fee for the two of you. Article 15 of the Court Fees Act provides that parties who appear through the same lawyer with identical requests pay a single joint fee. In practice you split it.

One-sided petition: two fees

If one spouse files a one-sided petition (eenzijdig verzoek), that spouse pays on filing. Under Article 3 of the Court Fees Act a fee is also charged for filing a defence (verweerschrift), so the other spouse pays as well. On appeal at the court of appeal (gerechtshof) a new court fee is due.

The reduced fee for limited means

The €93 rate only applies if, when the fee is charged, you file the legal aid decision (toevoeging) or an income statement from the Legal Aid Board (Raad voor Rechtsbijstand). Article 16 of the Court Fees Act sets this condition; if you file the document too late, the full rate applies.

When do you pay a bailiff?

Only in a one-sided divorce. Under Article 816 of the Code of Civil Procedure (Rv), the petitioner must have a copy of the petition served on the other spouse by a bailiff within 14 days after filing it.

The writ gives the other spouse at least six weeks to file a defence, or at least three months if that spouse has no known residence in the Netherlands. If the 14-day period is missed or the writ is defective, the court can order the defect to be repaired (Articles 120 and 121 Rv), which means paying for service a second time. Bailiffs’ fees for service are capped by the Besluit tarieven ambtshandelingen gerechtsdeurwaarders and indexed each year; VAT is added.

Service abroad is slower and more expensive, through the EU Service Regulation or the Hague Service Convention. For international couples this is a real budget item. A joint petition needs no bailiff at all.

When do you need a notary, and what does it cost?

The divorce itself needs no notary, but dividing the family home usually does. If one spouse takes over the jointly owned house, the transfer of the other share requires a notarial deed of division (akte van verdeling), registered at the Land Registry (Kadaster).

Notaries set their own fees, so prices for the same deed differ considerably; ask two or three offices for a quote. Land Registry charges are added on top. Releasing one spouse from the joint mortgage also needs the lender’s consent. Whether transfer tax (overdrachtsbelasting) is due depends on your matrimonial property regime and how the house is owned; let the notary confirm this before you agree the division. We do not advise on tax.

What does mediation cost?

Mediators charge by the hour or per package of sessions plus the divorce agreement (echtscheidingsconvenant); there is no statutory tariff. The fee is normally shared, although a different split can be agreed if your incomes differ sharply.

Mediation does not replace the lawyer. A lawyer still has to file the agreed petition with the district court, so ask whether the mediator’s firm can do both to avoid paying twice for reading the file.

When are experts needed?

Experts are the costs clients rarely budget for, and in divorces with a house, a business or a large pension they can exceed the lawyer’s fee. The main ones:

  • Property valuer (taxateur): needed if you cannot agree on the value of the home. One valuer instructed jointly is far cheaper than two competing reports plus a third to break the tie.
  • Pension actuary: standard pension equalisation under the Pension Rights Equalisation on Divorce Act (Wet verevening pensioenrechten bij scheiding) runs through the pension provider and needs no actuary. One is needed where the pension sits in a director-shareholder’s own company or where you deviate from the statutory division.
  • Business valuer or accountant: needed where one spouse owns a business or shares that must be valued for the division or for spousal maintenance.

Where the court appoints an expert itself, it orders one or both parties to pay an advance on the fee before the report is written.

Why is a contested divorce so much more expensive?

The difference in court fees is only one fee of €341 versus two. Four other factors make contested divorces expensive:

  • Two lawyers instead of one: every letter and every hearing is paid for twice.
  • Hearings: a joint petition is usually decided on the papers without a hearing; a contested case has at least one oral hearing.
  • Ancillary claims: spousal and child maintenance, the division of assets, the pension, the home and the children can each be litigated, often with interim applications (voorlopige voorzieningen).
  • Time: an agreed divorce can be pronounced within weeks; a contested one often runs for many months.

Can you get subsidised legal aid?

Yes, if your income and capital are low enough. The Legal Aid Board (Raad voor Rechtsbijstand) then pays most of the lawyer’s or mediator’s fee and you pay a fixed personal contribution (eigen bijdrage) that rises with your income.

Under Article 34 of the Legal Aid Act (Wet op de rechtsbijstand), the 2026 income ceiling is €35,400 a year for a single person and €50,000 for someone who shares a household. Your capital must also stay below a threshold linked to income tax. The Board uses your income from the reference year (peiljaar), two years before the application.

Separation often reduces income sharply. If your income or capital has fallen by at least 15% compared with the reference year, you can ask the Board to use the current year instead; under Article 34c of the Legal Aid Act you must apply within six weeks of the decision on your legal aid application. Not every firm accepts legally aided cases, so ask before you instruct one.

Will your spouse pay your legal costs?

Usually not: in divorce cases each spouse bears their own costs. Article 237 of the Code of Civil Procedure allows the court to set off costs between spouses and registered partners, and courts do this as a rule in family cases.

Article 289 Rv allows the court to order one party to pay the costs of the other in a petition procedure. In divorce cases this is exceptional and reserved for unreasonable conduct, such as obstructing the procedure or refusing to disclose financial information. This is separate from the division of property: there is no general rule that legal fees are divided as part of the matrimonial property settlement.

Is VAT charged on divorce costs?

Yes, on professional services: lawyers’, mediators’, notaries’, experts’ and bailiffs’ fees carry 21% Dutch VAT. The court fee and the legal aid personal contribution carry no VAT. As a private individual you cannot reclaim VAT, so compare quotes on the amount including VAT.

How do you keep the costs down?

The biggest saving is agreeing before you file. A joint petition removes the bailiff, the second court fee, the hearings and usually the second lawyer.

  • Get the fee arrangement in writing before you instruct anyone: the hourly rate, office expenses, what a fixed fee includes.
  • Collect the documents yourself: payslips, tax returns, mortgage and pension statements, bank statements, marriage and birth certificates.
  • Instruct one valuer jointly instead of two competing ones.
  • Check whether your legal expenses insurance covers any part of the divorce; many Dutch policies exclude the divorce itself but some cover ancillary disputes.
  • Make a complete parenting plan. Under Article 815(2) Rv the petition must include a parenting plan signed by both parents if you have minor children, and a vague plan leads to costly follow-up proceedings.

What can we do for you with the cost of your divorce?

Our divorce lawyers and family lawyers help you keep the procedure as simple, and therefore as affordable, as your situation allows.

  • We give you a written fee estimate and state which costs (court fee, bailiff, notary, valuer) come on top.
  • We draft the divorce agreement and parenting plan and file a joint petition for you and your spouse.
  • We prepare the one-sided petition, arrange service by the bailiff within the 14-day period and handle the court proceedings.
  • We coordinate with the notary and the valuer on the division of the family home.
  • We check whether your pension equalisation and spousal maintenance calculations are correct before you sign.

Summary

  • A lawyer is compulsory for every Dutch divorce; an agreed joint petition through one lawyer is the cheapest route.
  • The 2026 court fee for a divorce at the district court is €341 per private individual and €93 for someone of limited means; a joint petition through one lawyer pays it once.
  • A one-sided petition must be served by a bailiff within 14 days (Article 816 Rv) and costs two court fees.
  • Notaries, valuers and actuaries are additional costs where a home, business or complex pension is involved.
  • Each spouse normally bears their own legal costs (Article 237 Rv).

Frequently asked questions

Do I really need a lawyer to divorce in the Netherlands?

Yes. A Dutch divorce petition must be filed by a lawyer (advocaat); you cannot file it yourself. If you and your spouse agree, one lawyer can act for both of you and file a joint petition, so you pay one set of fees and one court fee. Mediation does not remove this requirement.

How much is the court fee for a divorce in 2026?

At the district court the fee for a divorce is €341 for a private individual and €93 for someone of limited means who files the legal aid decision or an income statement from the Legal Aid Board. In a joint petition through one lawyer the fee is charged once. No VAT is charged.

Will my spouse have to pay my legal costs?

Usually not. Under Article 237 of the Code of Civil Procedure the court can set off costs between spouses, and in divorce cases it normally does, so each spouse pays their own. A costs order is possible but reserved for unreasonable conduct.

Can I get subsidised legal aid as a non-Dutch national?

Legal aid depends on income, capital and the type of case, not on nationality. In 2026 the income ceiling is €35,400 for a single person and €50,000 for a shared household. Foreign income and assets count. If your income has dropped by at least 15% since the reference year, ask the Legal Aid Board to use the current year.

Is mediation cheaper than going to court?

Usually, yes. Mediation adds the mediator’s fee, but it increases the chance of ending with a joint petition: one lawyer, one court fee, no bailiff and normally no hearing. Contested proceedings with two lawyers and several hearings generate the large bills.

Aylin Acar
Aylin Acar is an attorney-at-law at Law & More in Eindhoven and Amsterdam. She works primarily in personal and family law, and puts the client’s own interests at the centre of every case.

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This article provides general information and is not a substitute for advice on your specific situation.

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