Family Law

Family Law

Legal guidance for the most personal decisions in your life

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.

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