Introduction
Applying for a divorce in the Netherlands always requires legal proceedings in which a solicitor submits the petition to the court. This is required by law under Book 1 of the Civil Code. If you wish to divorce, you must hire a solicitor to file for divorce. You cannot divorce without a solicitor.
This guide covers the entire divorce procedure: from the first steps to the final registration with the civil registry. You can read about which documents are required, how long the procedure takes and what the costs are. During the process, it is important to make agreements about matters such as alimony, visitation rights and the division of property. The guide is aimed at married couples who are getting divorced and are looking for practical, reliable information about the Dutch procedure. Dissolving a registered partnership follows largely the same rules.
Key answer: The court grants the divorce on the basis of irretrievable breakdown of the marriage. In the case of a joint application, this takes 8-12 weeks on average; in the case of a unilateral application, it can take up to 6-12 months.
What you will learn in this guide:
- The only legal grounds for divorce and how the court assesses them
- The difference between a joint petition and a unilateral petition
- Which documents are required, including the parenting plan for minor children
- The exact steps from petition to registration; you must register the divorce in the municipality where you were married
- How to resolve common issues surrounding alimony, division of property, and visitation arrangements
Legal grounds and conditions for divorce
Divorce is the legal dissolution of a marriage by a court. According to the Civil Code, Book 1, Article 151, the court can only grant a divorce if the marriage has broken down irretrievably. Since 1971, this has been the only legal grounds for divorce in the Netherlands.
Irretrievable Breakdown of the Marriage
Irretrievable breakdown means that the relationship between the partners has been disrupted to such an extent that continuation of the marriage is no longer possible. The court does not examine the question of fault or the cause of the problems.
In practice, if one partner claims that the marriage has broken down irretrievably, the court will almost always agree. The law does not offer a spouse who does not want the divorce any possibility of preventing it on that basis (Parliamentary Papers II 2004/05, 30 145, no. 3). This differs fundamentally from entering into a marriage, which requires the explicit consent of both partners.
The burden of proof is limited: a statement by one or both partners that the marriage has broken down irretrievably is usually sufficient. The court decides on the basis of this statement without conducting an extensive investigation into the relationship.
Difference with legal separation
Legal separation is an alternative whereby partners live apart but remain legally married. This is particularly relevant for people who do not want a full divorce for religious reasons.
Important differences:
- In legal separation, partners remain each other’s heirs.
- After a minimum of three years, one partner can still obtain a final divorce
- A parenting plan and division of assets are also mandatory in this case
Which procedure to choose depends on personal and religious considerations. Do you want to finalise the divorce and terminate each other’s inheritance status? Then opt for divorce. Do you want to remain formally married? Then opt for legal separation.
Now that the legal grounds are clear, here is an overview of the available procedures.
Divorce procedures and types of applications
The Netherlands has two main divorce procedures: joint petition (both partners together) and unilateral petition (one partner). The choice depends on the degree of agreement between the partners.
Joint Petition for Divorce
In the case of a joint petition, both partners submit a single petition through a single solicitor. This is the fastest and cheapest way to get officially divorced.
Conditions:
- Both partners agree to the divorce
- There is agreement on all consequences: division of property, alimony, pension
- If there are children under the age of 18: a signed parenting plan
The solicitor applies for the divorce with a divorce agreement containing all the arrangements. This agreement contains clear arrangements regarding the division of property, finances, the joint home, pension equalisation and debts (Rechtspraak.nl).
Advantages: lower costs (one solicitor), shorter processing time (8-12 weeks), less emotional stress.
Unilateral request for divorce
If your ex-partner is unwilling to cooperate or disagrees with the consequences, you can file a unilateral petition. You will then need your own solicitor.
The procedure is different:
- Your solicitor submits the petition to the court
- The court sends a copy to your partner
- Your partner has six weeks to submit a statement of defence
- The judge schedules a hearing for oral proceedings
- The decision is made after the hearing
Your partner cannot contest the divorce itself (irretrievable breakdown), but can contest ancillary matters such as maintenance or access arrangements. The judge will ultimately decide on all points of dispute.
Special situations
Partner cannot be found: If your partner cannot be found, service can take place at the last known address in the Personal Records Database. The proceedings can then continue.
International aspects: In the case of foreign marriages or partners abroad, EU regulations on jurisdiction apply (Code of Civil Procedure, Article 475). The Dutch court has jurisdiction if one partner lives in the Netherlands.
This overview of procedures is followed by the practical steps of the divorce process.
Practical steps in the divorce procedure
The divorce procedure consists of three phases: preparation, submission and completion. Below you will find a complete overview of the preparation process up to the moment you are officially divorced.
Preparation and Required Documents
Checklist of required documents:
- Original extract from the marriage certificate (to be requested from the municipality where you were married)
- Extract from the basic personal records register
- Copies of birth certificates of minor children
- Overview of assets, debts and pension accrual
- Any prenuptial agreements
Parenting plan (mandatory for children under 18): If you have children together, a parenting plan is required by law. This plan must include agreements about:
- Where the children will live (joint custody or primary residence)
- The visitation arrangements with both divorced parents
- How much child support will be received (child maintenance)
- Sharing info about school, health, and parenting
Are you unable to reach an agreement? Consider engaging a mediator. A mediator can help you draw up a plan without judicial intervention.
Choice of solicitor: In the case of a joint application, one solicitor is sufficient. In the case of a unilateral application, each partner needs their own solicitor. Ask for an estimate of the costs in advance and check whether your solicitor is registered with the Legal Aid Board (for subsidised legal aid, if applicable).
Submitting the petition
After preparation, the solicitor submits the petition to the court. The petition must explicitly state which provisions have been agreed upon and which have not (Parliamentary Papers II 2004/05, 30 145, no. 3).
Court fees 2024:
- Joint petition: €331
- Unilateral petition: €331 per party
The court assesses the petition. In the case of a joint petition without disputes, a hearing is often not necessary. The judge then pronounces the divorce in writing.
In the case of a unilateral request or disputes, an oral hearing will follow. Both partners appear before the judge with their solicitor. The decision will follow within a few weeks after the hearing.
Comparison of procedures
| Criterion | Joint request | Unilateral request |
| Processing time | 8-12 weeks | 6-12 months |
| Court fees (2025) | €331 (total) | €331 per party |
| Lawyers required | One joint solicitor | Each party must have their own solicitor |
| Hearing required | Usually not | Yes |
| Suitable when | Full agreement | No agreement |
Advice: Opt for a joint application if you agree on all the consequences. This saves time, costs and emotional stress. If you cannot reach agreement, a unilateral application is the only option.
The divorce is not final after the ruling. The following section deals with common problems during the process.
Limited Community
Since 2018, the standard system of limited community of property has applied in the Netherlands to marriages and registered partnerships. This means that only the assets and debts accumulated during the marriage or registered partnership are shared. Everything you owned before the marriage or registered partnership remains your private property. Inheritances and gifts are also excluded from the community, unless otherwise specified.
In the event of a divorce or dissolution of a registered partnership, the division of joint assets and debts must be carefully arranged. This is done on the basis of limited community property: you only divide what has been accumulated jointly. Assets and debts from before the marriage or registered partnership remain outside the division. It is important to make agreements about the division together, especially if there are minor children. In the parenting plan, you determine where the children will live, how care will be divided and what financial agreements apply.
Engaging a mediator can help you reach agreements through consultation, for example about the division of household goods, debts and childcare. In the case of a joint application for divorce or dissolution of a registered partnership, ex-partners can submit the application together and lay down their agreements. If you cannot reach an agreement, a unilateral application can be submitted. In that case, the court will decide on the division and other points of dispute.
The number of divorces in the Netherlands is relatively high, and it is important to know that a divorce is only final once it has been registered in the municipality’s personal records database. Even in the case of a legal separation, the marriage formally remains in place, but most rights and obligations are separated. The procedure for dividing the limited community of property is largely the same.
Are you dealing with debts or complex financial situations? Then it is wise to consult a solicitor. A solicitor can assist you in drafting the petition, making proper agreements and applying for a provisional measure if necessary. This will prevent the divorce from taking unnecessarily long or your rights from not being properly protected.
In short, in the case of a marriage or registered partnership under limited community of property, it is essential to make clear agreements about the division of assets and debts and to focus on the interests of the children. With the right guidance from a mediator or solicitor, you can ensure that the divorce or dissolution of the registered partnership proceeds smoothly and correctly, and that the divorce is officially and definitively registered.
Common Problems and Solutions
Disputes regularly arise during divorce proceedings. Below are the most common problems and how you can solve them.
Disagreement about the parenting plan
If parents cannot reach agreement on the children, there are several steps you can take. When you separate as parents, it is important to make agreements together about the care of the children (each other):
- Engage a mediator: A mediator helps you reach agreements without judicial intervention.
- Child Protection Board: The court can ask the Board to investigate what is best for the children
- Court decision: If you cannot reach an agreement, the court will decide on custody, residence and visitation arrangements
It is important to emphasise that good cooperation between parents is crucial for the well-being of the children after a divorce. In addition, divorce can lead to behavioural and school problems in children.
The judge always considers the interests of the child. In co-parenting, both parents have equal responsibility.
Division of assets and maintenance disputes
Disagreements about the division of property and maintenance are common. Possible solutions:
- Valuation of assets: Engage an independent valuer for the home or business
- Limited community property: Since 2018, inheritances and gifts are excluded from the community property unless otherwise specified in the prenuptial agreement
- Maintenance calculation: The Trema standards provide guidelines for calculating spousal and child maintenance
- Pension equalisation: The Pension Rights Equalisation Act regulates the division of accrued pension rights
In the event of financial disputes, a mediator may also request assistance in this regard.
Temporary agreements
Divorce proceedings can take months. In the meantime, provisional measures may sometimes be necessary:
- Provisional maintenance: You can ask the court to determine temporary maintenance
- Use of family home: The court may determine who will continue to live in the home during the proceedings
- Protective measures: If there is a risk of asset stripping, seizure may be ordered
These temporary arrangements remain in force until the final decision is made.
With the problems and solutions dealt with, the divorce process can now be finalised.
Conclusion and next steps
Summary: Divorce in the Netherlands requires legal proceedings with the mandatory assistance of a solicitor. The duration varies from 8 weeks for a joint application to 12 months for a unilateral application with disputes. The minimum costs are €306 in court fees.
Immediate steps to take:
- Make an inventory of all necessary documents (marriage certificate, birth certificates, financial overview)
- Discuss with your partner whether a joint application is possible
- Find a solicitor and ask for a cost estimate
- Start drawing up a parenting plan if you have children together
After the ruling:
- The divorce becomes final after registration with the civil registry
- Registration must take place within six months of the ruling
- Update your will and insurance policies after the divorce
- You have three months after the ruling to lodge an appeal
Related topics: After the divorce, your legal situation will change. Consider changes to your surname, options for remarriage, and international recognition of the divorce if your ex-partner moves abroad. The number of divorces in the Netherlands is tracked by Statistics Netherlands.
Official sources and support organisations
- Rechtspraak.nl – Forms, procedures and information about the divorce process
- JuridischLoket.nl – Free legal advice on questions about divorce
- Rijksoverheid.nl – General information about divorce and registered partnerships
- Kinderbescherming.nl – Support in disputes about children
Legal basis:
- Civil Code Book 1, Articles 150-157
- Code of Civil Procedure, Article 475
- Act on the settlement of pension rights in the event of divorce
- Parliamentary Papers II 2004/05, 30 145, no. 3
