In Need of a
Family Lawyer?

Are you separating from your spouse, arguing about where the children will live, or unsure which country's court decides your case? A family lawyer in the Netherlands can bring structure to these questions. On this page you read which Dutch rules apply, which deadlines run, and how we assist international families in Dutch and English.

When do you need a family lawyer in the Netherlands?

You need a family lawyer as soon as a question about your relationship, children or family assets may reach a Dutch court. Early legal advice helps you make agreements that hold up later.

Expats and international couples come to us with questions such as these:

• you want a divorce, or you want to end a registered partnership or a cohabitation arrangement;
• you have to draw up a parenting plan, or change an existing one;
• your former partner does not respect the contact arrangement, or wants to move abroad with the children;
• you want child or spousal maintenance set, changed or ended;
• you want to recognise your child, deny paternity or change your child's surname;
• you want to know which marital property regime applies to you, or you need a prenuptial agreement;
• you have a residence permit and wonder what a separation means for your stay and your immigration status.

The earlier you ask for advice, the more room there is for negotiation. Once a petition is filed, deadlines run, such as six weeks for a statement of defence.

What does a family lawyer in the Netherlands actually do?

A family lawyer advises on, negotiates and litigates matters of marriage, partnership, parenthood, custody and maintenance. Most of these rules are in Book 1 of the Dutch Civil Code.

Family law rarely stands alone. A separation can affect the residence permit of a foreign spouse, a family company and the pensions you both built up. Entrepreneurs also face the valuation of their business. A Dutch family lawyer brings these issues together, so that a deal on one point does not cause a problem on another.

Some family lawyers also act as mediators. A mediator does not take sides, while a family lawyer in the Netherlands acts for you alone. We can guide you alongside mediation, so that you know what you sign. You find the full text of Book 1 on wetten.overheid.nl (in Dutch).

How do divorce and the end of a registered partnership work?

A marriage in the Netherlands can only be dissolved by a court, on a petition filed by a lawyer. A registered partnership without minor children can also be ended outside court, by an agreement signed by a lawyer or a notary.

The only ground for divorce is the irretrievable breakdown of the marriage (Article 1:151 Dutch Civil Code). You can file a joint petition with your spouse, or a unilateral petition on your own. Your spouse cannot block the divorce by refusing to cooperate.

The divorce takes effect only once the court decision is entered in the civil status registers. Under Article 1:163 Dutch Civil Code, this must happen within six months after the decision becomes final. If that deadline passes, the decision lapses and you are still married. If your marriage was never entered in a Dutch register, the divorce is registered in The Hague.

Registered partners without minor children can end their partnership by mutual consent (Article 1:80c Dutch Civil Code). With minor children, the dissolution goes through the court. Unmarried cohabitants have no statutory separation procedure; their cohabitation agreement applies. Our page on applying for a divorce explains the procedure step by step.

How do you arrange the children after a separation?

Parents with joint custody who separate must record their agreements in a parenting plan (ouderschapsplan). This plan has been mandatory since 1 March 2009 and is a required part of every divorce petition involving minor children.

What must a parenting plan contain?

A parenting plan covers at least three subjects: the division of care, how you inform and consult each other, and the costs of the children. You also state how you involved the children.

Unmarried parents with joint custody also need a parenting plan when they separate (Article 1:247a Dutch Civil Code). The court invites children aged 12 and older to give their views. A family lawyer in the Netherlands makes the plan specific enough to prevent new disputes, for example about holidays abroad.

What happens to custody and contact?

Joint custody in principle continues after a divorce (Article 1:251 Dutch Civil Code). The court grants sole custody only if a child risks being trapped between the parents, or if the child's interest otherwise requires it (Article 1:251a).

A child has a right to contact with both parents (Article 1:377a). If parents disagree on a major decision, such as a school or a move, either parent can ask the court to decide (Article 1:253a). A parent who wants to move abroad with the children needs the consent of the other parent or the court.

How are child and spousal maintenance calculated?

Maintenance follows from the needs of the person receiving it and the financial capacity of the person paying it. Dutch courts use the guidelines of the Expertgroep Alimentatienormen, known as the Trema standards.

Parents must support their minor children (Article 1:404 Dutch Civil Code). Between the ages of 18 and 21, that duty continues for living and study costs (Article 1:395a). Child maintenance takes priority over spousal maintenance (Article 1:400). Amounts are indexed by law every year on 1 January.

For spousal maintenance, new rules apply to petitions filed on or after 1 January 2020. The basic duration is half the length of the marriage, with a maximum of five years. There are statutory exceptions:

A court can change maintenance when circumstances change, for example after a job loss. A family lawyer in the Netherlands will check the calculation before you agree to it. If child maintenance is not paid, the National Bureau for the Collection of Maintenance Payments (LBIO) can collect it.

How do recognition, paternity and name changes work?

Legal parenthood arises from birth within a marriage or registered partnership, from recognition, from a court ruling or from adoption. It determines maintenance duties, inheritance rights and the child's surname.

A father or co-parent can recognise a child at the civil registry or before a notary (Articles 1:203 and 1:204 Dutch Civil Code). For a child under 16, the mother must consent, and a child of 12 or older must consent as well. If the mother refuses, the court can grant substitute consent. Since 1 January 2023, recognition by an unmarried partner in principle leads to joint custody automatically.

A mother or legal parent can ask the court to deny parenthood (Article 1:200). The deadline is one year after learning that the legal parent is probably not the biological parent. The child has three years from the moment it learns this. A change of surname is requested from Justis, part of the Ministry of Justice and Security. A change of first name requires a court petition.

Which marital property regime applies to you?

If Dutch law governs your marriage and you married on or after 1 January 2018 without a prenuptial agreement, a limited community of property applies (Article 1:94 Dutch Civil Code). If you married before that date, a general community applies in principle.

In the limited community, assets from before the marriage remain private, as do inheritances and gifts. What you build up during the marriage falls into the community. In a divorce, the community is dissolved on the day the petition is filed (Article 1:99).

Prenuptial agreements (huwelijkse voorwaarden) are made before a notary. A common issue is a periodic settlement clause that was never carried out; it can still lead to a settlement at divorce. A family lawyer in the Netherlands reviews these terms before you negotiate. For international couples, the first question is which country's law governs your property. For marriages from 29 January 2019, EU Regulation 2016/1103 decides this in the participating EU member states, including the Netherlands.

What applies in an international family case?

In an international family matter you answer two questions first: which court has jurisdiction, and which law that court applies. The answer can differ for divorce, children, maintenance and property.

Which rules decide jurisdiction?

Within the European Union, jurisdiction in divorce and parental responsibility follows from Regulation (EU) 2019/1111, known as Brussels II-ter. It applies from 1 August 2022 and mainly looks at habitual residence. For maintenance, Regulation (EC) No 4/2009 and the Hague Protocol of 2007 apply. The Hague Child Protection Convention of 1996 also plays a role in cases with countries outside the EU.

What if a child is taken abroad?

If a parent takes a child abroad without consent, the other parent can request the child's return under the Hague Child Abduction Convention of 1980. In the Netherlands, the District Court of The Hague hears these return cases. Act fast: delay can weaken your position.

What about inheritance?

A separation or remarriage often raises questions of inheritance law. Under EU Regulation 650/2012, the law of your habitual residence at death in principle governs your estate, unless you chose your national law. A family lawyer in the Netherlands flags this and involves a notary where a will is needed.

When is a lawyer mandatory in Dutch family proceedings?

A lawyer is mandatory for a divorce and for maintenance proceedings, because only a lawyer may file the petition. For some requests on custody or contact, you may act without a lawyer.

Your lawyer files the petition with the competent district court, usually where you, your spouse or your children live. The other party can file a statement of defence, after which an oral hearing follows. In urgent cases, the court can grant provisional measures, for example on the family home. Information on Dutch court procedures is available on rechtspraak.nl.

How does working with Law & More work?

As your family lawyer in the Netherlands, we guide you through four phases that we discuss in advance. In each phase you know the next step and the expected costs.

1. Intake. In a free introductory meeting we map your situation, the deadlines that run and your goals.
2. Advice. We explain which rules and which country's law apply, which risks you face and which route has the best chances.
3. Negotiation. We negotiate with your former partner or their lawyer, or support you in mediation. We record the outcome in a divorce agreement or parenting plan.
4. Proceedings. If no agreement is reached, we file the petition and represent you at the hearing and, if needed, on appeal.

What does a family lawyer in the Netherlands cost at Law & More?

A lawyer at Law & More charges 250 to 350 euros per hour excluding VAT. A partner charges 300 to 400 euros excluding VAT, and we discuss the rate in advance.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. In proceedings you also pay a court fee.

State-funded legal aid exists in the Netherlands through the Legal Aid Board (Raad voor Rechtsbijstand) for people with a low income. Law & More does not work on a legal aid basis. Our office is at Marconilaan 13 in Eindhoven, with a visiting location in Amsterdam, and we work for clients throughout the Netherlands.

Which articles help you further?

• The parenting plan in the Netherlands
• Children across borders: Dutch custody law explained
• What if the custody arrangement is not being followed?
• Alimony in the Netherlands: child and spousal support
• Property within and after marriage
• International divorce in the Netherlands
• Changing first names
• Mediation

Frequently asked questions

Family lawyer in the Netherlands: is a lawyer mandatory in my case?

For a divorce and for maintenance proceedings, yes: only a lawyer may file the petition with the court. For some requests on custody or contact you may act on your own. Even then, a lawyer helps you support your request and keep track of deadlines.

Can we divorce in the Netherlands if we are not Dutch?

In most cases, yes. A Dutch court usually has jurisdiction if you and your spouse have your habitual residence in the Netherlands. Which law applies to maintenance, children and property can differ per subject, so check this before you file.

How long do I have to pay spousal maintenance?

For petitions filed from 1 January 2020, the basic duration is half the length of the marriage, with a maximum of five years. Exceptions apply, for example when there are children under 12, or after a marriage of more than 15 years when the recipient is close to state pension age.

Do I automatically get custody when I recognise my child?

For recognitions from 1 January 2023, joint custody of both parents in principle arises automatically. For an earlier recognition, joint custody must be registered separately in the custody register of the court.

Can my former partner move abroad with our children?

A parent with joint custody needs the other parent's consent for a move that significantly changes the child's life. Without consent, the court decides under Article 1:253a Dutch Civil Code. After a wrongful removal abroad, a return procedure under the 1980 Hague Convention may be possible.

Does Law & More work on legal aid?

No. State-funded legal aid runs through the Legal Aid Board and lawyers who work on that basis. We work with an hourly rate that we agree with you in advance, and the introductory meeting is free.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Contact us, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

This page provides general information and does not replace advice on your specific situation.