Family Law
Family Law
Overview
Family law matters are often emotionally challenging and legally complex. Whether facing divorce, arranging child custody, or planning your financial future with prenuptial agreements, having clear legal guidance is essential.
At Law & More, we provide compassionate yet pragmatic family law services to individuals and families. Our family lawyers help international couples navigate Dutch family law, handle complex divorces involving business assets, and protect your interests while minimizing conflict. We regularly advise on alimony, including both partner and child maintenance, and where possible we use mediation to reach lasting arrangements while keeping conflict to a minimum.
Dutch family law is set out in Book 1 of the Dutch Civil Code, covering marriage, divorce, parental authority and custody. For the official English translation of these statutory provisions, see the Dutch Civil Code, Book 1 (persons and family law). A clear understanding of these family law rules helps you protect your children and your interests during a difficult time.
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What We Do
Divorce & Separation
Child Custody arrangements
Alimony calculations and disputes
Prenuptial Agreements
Co-Parenting plans
Mediation services
International family law
Asset division in divorce
International divorce & forum choice
Name change & recognition of foreign deeds
Adoption & parental authority procedures
Division of marital community & pension equalization
Why Choose Law & More
Compassionate approach to sensitive matters
Experience with international couples
Skilled mediators for amicable resolutions
Business asset valuation expertise
Multilingual family law team
Frequently Asked Questions – Family Law
Frequently asked questions about family law, answered by our experts.
In a divorce, the marriage is fully dissolved in law and both partners are then free to remarry. In a legal separation (scheiding van tafel en bed), the marriage formally continues, but cohabitation and most property consequences end. The latter is sometimes chosen for religious or financial reasons. Both run through the court.
Spousal maintenance is set on the basis of the need of one partner and the ability to pay of the other. The amount is calculated according to the guidelines of the courts (the Trema standards). The duration is generally up to half the length of the marriage, with statutory exceptions, for example for long marriages or young children. It can be reviewed if circumstances change.
A parenting plan is mandatory for parents with minor children who separate. In it, parents record arrangements on the division of care, the main residence, child maintenance, and how they inform and consult each other. A good plan prevents later conflict and must be submitted with the divorce petition.
In principle, both parents retain joint authority after a divorce and remain jointly responsible for important decisions about the child. Only in exceptional cases, for example serious communication problems or where the child risks being caught in the middle, can the court grant sole authority. The child's interests always come first.
A contact arrangement sets out when the child stays with which parent. Both parents are obliged to comply with it and to promote the bond with the other parent. If the arrangement is structurally ignored, the court can be involved, for example for compliance under a penalty payment or a modification. Mediation is often a good first step.
Since 2018, a marriage without prenuptial conditions creates a limited community of property: what is built up during the marriage falls into the community, while pre-marital assets, gifts, and inheritances remain outside it. On divorce, the community assets are divided equally. A correct determination of what is private and what is communal is therefore crucial.
Yes. Both spousal and child maintenance can be changed if circumstances change, for example through a different income, cohabitation with a new partner, or changed needs of the child. The change can be recorded by mutual agreement or, if the parties cannot agree, submitted to the court.
A man can recognise a child, creating legal parenthood with consequences for name, authority, maintenance, and inheritance. Recognition requires, in certain cases, the consent of the mother or the child. If recognition is refused, the court can, on request, establish paternity judicially, possibly with DNA testing.
Adoption severs the legal tie with the original parents and establishes a full family-law tie with the adoptive parents. The court assesses whether the statutory conditions are met and whether the adoption is clearly in the child's interest. For intercountry adoption, specific international rules and procedures also apply.
In divorce mediation, a neutral mediator guides both partners to reach agreements together on matters including the children, maintenance, and the division of property. It is particularly useful when the parties can still communicate reasonably and wish to preserve their relationship, for example as parents. Mediation is usually faster and less burdensome than adversarial litigation.
A registered partnership closely resembles marriage in terms of property, maintenance and inheritance. An important difference is that a registered partnership without children can be ended through the municipality with an agreement, whereas ending a marriage always requires the court.
Children aged twelve and over are given the opportunity by the court to express their views on matters such as authority, main residence and contact. Younger children can sometimes be heard too. The court takes that view into account but ultimately decides based on the child’s best interests.
The parent with whom the child does not mainly live also has the right to important information about the child and must be consulted on significant decisions. If the other parent does not cooperate, the court can lay down an arrangement about this.
Moving abroad or within the Netherlands with children generally requires, under joint authority, the consent of the other parent or substitute consent from the court. The court weighs all interests, including the necessity of the move and its effect on contact with the other parent.
The family home can be allocated to one of the partners, sold, or temporarily occupied by one partner. Who owns it, who stays in the home and how any surplus value or mortgage debt is divided depends on the matrimonial property regime and the mutual arrangements.
Key Legal Terms
Important terminology explained in plain language
Prenuptial Agreement (Huwelijkse Voorwaarden)
Contract made before marriage defining how assets and debts will be treated during marriage and in case of divorce. Must be notarized. Common arrangements: limited community of property, separation of property, or custom provisions. Allows protecting business assets, inheritances, or prior wealth.
Community of Property (Gemeenschap van Goederen)
Default matrimonial property regime in Netherlands. All assets acquired during marriage belong equally to both spouses (50/50), including income, property, pensions. Debts also shared. Only premarital assets and inheritances/gifts explicitly designated as separate remain individual property.
Alimony (Alimentatie)
Financial support one spouse pays to the other after divorce. Partner alimony based on need and capacity to pay, typically lasting maximum 12 years or marriage duration. Child support (kinderalimentatie) based on standardized tables considering parental income and custody arrangement. Both modifiable if circumstances change significantly.
Parenting Plan (Ouderschapsplan)
Required document for divorcing parents detailing child custody arrangements. Must cover: where child lives, visitation schedule, decision-making authority, cost division, information exchange, and dispute resolution. Court reviews plan to ensure child's interests protected. Forms basis for any future modifications.
Alimony Guidelines (Tremanormen)
The guidelines of the Expert Group on Alimony Standards for calculating child and partner alimony. Although not legally binding, the Trema standards are followed by virtually all Dutch courts.
Pension Equalization (Pensioenverevening)
The division of pension accrued during marriage upon divorce. Under the Pension Rights Equalization (Divorce) Act, the non-participating spouse is entitled to half of the old-age pension accrued during the marriage.
Spousal Maintenance (Partneralimentatie)
The financial contribution one ex-partner pays the other after divorce towards their living costs. The amount depends on need and ability to pay, and the duration is in principle linked to the length of the marriage.
Child Maintenance (Kinderalimentatie)
The contribution towards the costs of care and upbringing of minor children, calculated on the basis of the child's needs and the parents' ability to pay, according to the courts' guidelines.
Parental Authority (Ouderlijk Gezag)
The rights and duties of parents to care for, raise, and represent their minor child and to decide about its assets. After a divorce, authority in principle remains joint.
Contact Arrangement (Omgangsregeling)
The arrangements on when and how a child has contact with the parent it does not mainly live with. Both parents must comply with it and promote contact with the other parent.
Main Residence (Hoofdverblijfplaats)
The address where a child is registered and mainly lives after the divorce, relevant for registration, allowances, and the organisation of the division of care.
Co-parenting (Co-ouderschap)
A form of care division in which the child lives with both parents roughly equally and both share care and upbringing on an equal footing, requiring good mutual arrangements.
Divorce Covenant (Echtscheidingsconvenant)
The written agreement in which divorcing spouses record their arrangements on, among other things, the division of assets, maintenance, and pension. It is often submitted to the court.
Joint Authority (Gezamenlijk Gezag)
The situation in which both parents jointly exercise parental authority and make important decisions about the child together. This is the legal default after a divorce, unless the court decides otherwise.
Recognition (Erkenning)
The legal act by which a person assumes parenthood of a child, with consequences for name, authority, maintenance, and inheritance. In certain cases the consent of the mother or child is required.
Mediation (Mediation)
A form of dispute resolution in which an independent mediator guides the parties to reach agreements by mutual consent, much used in divorces for arrangements on children, maintenance, and division.
Registered Partnership (Geregistreerd Partnerschap)
A statutory form of cohabitation whose legal effects closely resemble marriage. Without children it can be ended through an agreement and the municipality, whereas a marriage is always dissolved by the court.
Substitute Consent (Vervangende Toestemming)
Consent given by the court in place of a parent, for example for a move with the children or a medical decision, when parents with joint authority cannot agree.
Information and Consultation Duty (Informatie- en Consultatieplicht)
The duty of the resident parent to inform the other parent about important matters concerning the child and to consult them on significant decisions.
Special Guardian (Bijzondere Curator)
A person appointed by the court to represent a minor’s interests when those interests conflict with the parents’, for example in a dispute over authority or parentage.
Children’s Account (Kinderrekening)
A joint account into which parents deposit money after a separation to pay the children’s costs. Arrangements about deposits and expenditure are often recorded in the parenting plan.
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