A divorce in the Netherlands can only be started by a lawyer: the court will not accept a petition for divorce or for dissolution of a registered partnership unless a lawyer files it. Where the couple have minor children, a parenting plan must be filed with the petition. Beyond that formality, the work consists of settling the home, the assets and debts, maintenance and pension, and recording those arrangements in a way that binds both parties afterwards.
Key points at a glance
- A lawyer is mandatory for a divorce: the court only handles a divorce petition if it is submitted by a lawyer.
- If you have minor children together, a parenting plan is mandatory. A lawyer is legally required in divorces involving minor children and ensures that this plan meets all legal requirements.
- If you can make arrangements together with your ex-partner, a single joint lawyer or a mediator is often sufficient. In the event of conflict, each partner needs their own lawyer.
- Law & More, based in Amsterdam and Eindhoven, assists clients throughout the Netherlands and in international situations – both in person and through online divorce.
How the procedure runs, what it involves financially and which route fits which situation are set out below.
What does a lawyer do in a divorce?
A family law lawyer handles the legal side of your divorce and protects your interests throughout the entire process. A lawyer protects clients’ interests in divorce proceedings and ensures that documents are legally correct.
In concrete terms, the lawyer does the following:
- Draws up the petition for divorce or dissolution of a registered partnership and submits it to the court.
- Helps with arrangements regarding the home (sale or who stays in the house), the division and settlement of assets, debts, spousal maintenance and pension, recorded in a divorce settlement agreement, taking into account whether the parties married in a community of property or under prenuptial agreements.
- Assists with drawing up or reviewing the parenting plan for minor children, including the care arrangement, child maintenance, contact arrangement, residence and holidays.
- Can ask the court on your behalf for provisional measures – temporary arrangements regarding housing, custody or maintenance.
Law & More is used to working with international elements (expat, income or a home abroad), where additional rules of private international law apply.
Ready to speak to a divorce lawyer? Our divorce lawyers in Eindhoven and Amsterdam guide you through the whole process — from the petition and parenting plan to the financial settlement.
How do you approach a divorce with a lawyer?
If you want to apply for a divorce, this must be done through the court. You can apply for the divorce together or on your own. With a joint petition, a divorce can be applied for in writing. Below are the general steps of the divorce procedure:
- First meeting – an advisory consultation with a lawyer, reviewing your situation (prenuptial agreements, registered partnership, children, debts, business).
- Gathering documents – requesting the marriage certificate, birth certificates, annual income statements, property valuation (WOZ) decision, pension statements.
- Working out arrangements – the lawyer works out the division together with you (and possibly your ex-partner): household contents, bank accounts, the home, pensions.
- Settlement agreement and parenting plan – the lawyer draws up or reviews the divorce settlement agreement and, where applicable, the parenting plan.
- Submission to the court – the lawyer submits the divorce petition with annexes and thereby also formally starts the procedure.
- Registration – after the court order, the lawyer arranges registration with the registrar of births, deaths and marriages. You must register the divorce within 6 months of the ruling; after that, you are officially divorced.
Law & More stays in close contact with clients at every step, by email, telephone or video call.
Making arrangements together with your ex-partner
Making arrangements together is usually faster, cheaper and calmer – especially when there are children. The minimum arrangements you must make:
| Topic | Examples |
|---|---|
| Home & contents | Sale, buy-out, division of belongings |
| Financial matters | Maintenance, debts, savings |
| Pension | Division of pension rights |
| Tax | Tax return, allowances, health insurance |
Where there are minor children, a parenting plan is required. The parenting plan sets out arrangements regarding care and upbringing, the children’s main residence, the contact arrangement, the exchange of information, school choices and child maintenance. A parenting plan also contains arrangements about child maintenance and must be drawn up before the divorce is final.
A joint lawyer can be engaged if both parties agree. At Law & More, we first look at whether consultation or mediation is possible before starting proceedings with two lawyers.
Registered partnership and divorce
A registered partnership is legally very similar to a marriage, but ending it works slightly differently. If there are minor children, you must dissolve it through the court and a lawyer is required – comparable to a divorce.
If you do not have minor children, dissolution can sometimes take place without a court, through a civil-law notary or a lawyer. Sound legal review remains advisable, because the same topics arise: division, maintenance, pension and possible international aspects.
Law & More assists clients both with the dissolution and with the conversion of a registered partnership into a marriage followed by a divorce, where this offers tax or legal advantages.
Lawyer, mediator or online divorce: what suits you?
The choice between your own lawyer, a single shared lawyer, a mediator or an online divorce depends on the degree of consultation and complexity.
- Lawyer – represents the interests of one party. A lawyer is needed in complex situations during a divorce. Compare several lawyers to find one that suits your situation: a good personal connection and trust in the lawyer are important.
- Mediator – a mediator guides conversations between ex-partners as a neutral facilitator. A mediator helps make arrangements without taking sides. Mediation is often faster and cheaper than litigation. A mediator can also be a lawyer. Mediation is not compulsory in a Dutch divorce and no court can order you into it; what is compulsory, where there are minor children, is that a parenting plan is filed with the petition, and mediation is often the quickest route to a plan both parents genuinely support.
- Online divorce – suitable for straightforward situations without major conflict and preferably without complex assets; caution is advised where there are young children or international issues.
In the event of serious conflict, domestic violence or hidden debts, each party should engage their own lawyer. Conflicts can be resolved with the help of a lawyer who represents your position.
In an initial meeting, Law & More helps determine which route – lawyer or mediator, online or in person – suits you best.
What a divorce lawyer costs
Three separate items make up the bill, and only one of them is set by the lawyer. The fee itself depends on the hours involved, the complexity of the file and whether one lawyer acts for both parties or each has their own; firms quote either an hourly rate or, for a straightforward joint petition, a fixed price. Ask for that basis in writing before the work starts, together with an estimate of the hours.
The second item is the court fee (griffierecht), which the court charges for handling the petition. The rates follow from the Act on court fees in civil cases and are adjusted every year; the current amounts, including the reduced rates for people on a low income, are published by the Rechtspraak. The third item arises only if you qualify for subsidised legal aid, in which case you pay a personal contribution set by the Legal Aid Board (Raad voor Rechtsbijstand), which indexes its income limits and its contributions annually and publishes them on its website.
For clients with a low income and limited assets, subsidised legal aid is available: a so-called “toevoeging” can provide financial help with lawyer’s fees through the Legal Aid Board (Raad voor Rechtsbijstand). Whether you qualify depends on your income and assets in the reference year the Board applies, and the personal contribution is generally lower where the divorce is handled as a joint petition. In some cases, reimbursement of costs is possible through legal aid or legal expenses insurance.
With a joint lawyer or mediation, ex-partners can share the costs. Law & More works transparently with rates agreed in advance and, where possible, offers a clear cost estimate or a fixed-price arrangement.
What if something cannot wait until the divorce is final?
A divorce procedure can take months. In the meantime, urgent questions sometimes arise: who may stay in the home, who takes care of the children, how are the costs divided?
You can try to make temporary arrangements with your ex-partner, possibly with the help of a lawyer or mediator. If consultation does not work, your lawyer can ask the court for provisional measures:
- Temporary use of the marital home
- Provisional child maintenance or spousal maintenance
- Temporary custody of and contact with minor children
The lawyer submits a request for this to the court. A hearing usually takes place within a few weeks and the court decides with a temporary ruling. These provisional arrangements apply until the divorce is final and has been registered with the municipality.
Law & More has experience with urgent proceedings and helps clients assess whether provisional measures are necessary and likely to succeed.
International and complex divorces
For international relationships, expats or entrepreneurs, a divorce quickly becomes legally and fiscally complex. A specialised law firm is then indispensable.
- Which court has jurisdiction – the Netherlands or another country?
- Which law applies to the marriage, the assets and the children?
- For own businesses or stock options, valuations are needed; the lawyer determines the right approach together with tax specialists.
- When relocating abroad with children, there is a risk of child abduction.
As a multidisciplinary firm (family law lawyers and tax advisers) in Amsterdam and Eindhoven, Law & More offers added value precisely in such cases. With international asset structures, separate lawyers are almost always chosen for each partner.
When do you definitely need your own lawyer?
In some situations it is unwise to work with just one shared lawyer. Typical situations:
- Serious conflict or domestic violence
- Suspicion of hidden debts or assets
- Large income differences between partners
- International relocations or plans to relocate
- For a one-sided petition, a lawyer is needed if the partner does not cooperate
Your own lawyer looks after only your interests, independently submits documents to the court, conducts a defence and can lodge an appeal on your behalf.
How Law & More works on a divorce?
Law & More is a multidisciplinary firm specialised in family law in combination with tax and corporate law. The firm works for expats, international couples and high-net-worth families and communicates in Dutch, English and other languages.
Whether you need a divorce lawyer, want to work with a mediator, or wish to divorce online – in an initial meeting Law & More helps determine which route suits you best.
Contact us without obligation for an initial assessment of your case. Together we will consider whether a joint petition, your own lawyer or mediation is the right legal help for your situation.
Frequently asked questions about lawyers and divorce
How long does a divorce with a lawyer usually take?
A divorce can be arranged within a few months with a joint petition – that is often the quickest, usually within 3 to 6 months including registration. In proceedings with two lawyers and a lot of discussion, a divorce can take years where there is disagreement. The processing time is shorter if documents are supplied in full.
Can I switch lawyers during the divorce?
Yes, in the Netherlands you may always change lawyers. The new lawyer can request the file from the previous one and take over the ongoing case. This does involve extra time and costs. It is advisable first to have a conversation with your current lawyer about your concerns.
Is a lawyer required to dissolve a registered partnership without children?
Without minor children, a registered partnership can in some cases be dissolved without a court. Independent legal review through a family law lawyer remains advisable, because arrangements about assets, maintenance and pension can have major consequences.
What if my ex-partner does not cooperate or cannot be found?
A divorce cannot be blocked by a partner who refuses to cooperate. Your own lawyer can submit a one-sided petition to the court. If your ex-partner cannot be found, the lawyer can investigate whether service can be effected in an alternative way. In such situations, an experienced family law lawyer is indispensable.
Can I deduct the costs of a lawyer from my taxes?
Lawyer’s fees for a divorce are usually not deductible for income tax. Some costs related to obtaining or retaining income may, under certain conditions, be relevant for tax purposes. For complicated financial structures, personal tax advice – for example from the tax advisers at Law & More – is recommended. Tax rules change regularly; this article does not replace personal tax advice.
