Divorce after a short marriage: how fast is it in the Netherlands?

In the Netherlands you can file for divorce immediately after the wedding: there is no minimum duration of marriage and no required period of living apart. If you both agree on everything, a divorce often takes one to three months in practice; if you disagree about money, the house or the children, count on six months to a year or longer.

Below we explain what determines the timetable, which route you can take, what a short marriage means for maintenance and property, and what international couples should arrange before filing.

Can you divorce right after the wedding?

Yes. Under Article 1:151 of the Dutch Civil Code (BW) the only ground for divorce is that the marriage has irretrievably broken down (duurzame ontwrichting), and Dutch law sets no waiting period.

The no-fault system has applied since the divorce reform of 1971. If one spouse states that the marriage has broken down, that is in practice sufficient; the court does not examine who is to blame, and a court rarely refuses a divorce because the other spouse disagrees. The speed of a divorce therefore depends on the consequences you must settle, not on the ground.

A short marriage is not in itself a reason to have it declared void. Annulment (nietigverklaring, Articles 1:69 and following BW) is only possible on specific grounds, for example if one spouse was already married or there was no real consent. Regret about the marriage is not such a ground; divorce is then the route. For the separate steps, see our article on how a quick divorce works.

How long does a Dutch divorce take?

A joint divorce without children can often be completed within one to three months; a contested divorce usually takes six months to a year or more. The law does not set these periods: they are estimates from practice and depend on the court’s workload and your preparation.

Two things slow matters down even with goodwill on both sides. Documents from abroad often need an apostille or legalisation and a sworn translation. And the decision only ends the marriage once it is entered in the register of civil status, within six months after it becomes final (Article 1:163 BW).

Which two routes to divorce are there?

You can file jointly or alone. A joint petition (gemeenschappelijk verzoek) is faster and cheaper; a unilateral petition (eenzijdig verzoek) is needed when you disagree.

With a joint petition, one lawyer files on behalf of both of you, together with a settlement agreement and, if you have children under 18, a parenting plan. The court usually decides on the papers without a hearing, often within weeks.

With a unilateral petition, one spouse files through his or her own lawyer. The other spouse has six weeks to file a defence (verweerschrift) and counter-requests, the court holds an oral hearing (mondelinge behandeling), and it then decides on the property, maintenance and children. If your spouse lives abroad, service under international rules adds time.

If the situation cannot wait, you can ask for interim measures (voorlopige voorzieningen, Article 822 of the Dutch Code of Civil Procedure, Rv). The court then decides within weeks, separately from the divorce, who may live in the house, where the children stay and how much temporary maintenance is paid.

Why is the settlement agreement so important?

The settlement agreement (echtscheidingsconvenant) records all agreements on the division of property and debts, the house, pension rights and partner maintenance. If it is complete and signed before filing, the court mainly checks it and includes it in the decision.

If you have children under 18, a parenting plan (ouderschapsplan) is mandatory under Article 815 Rv. It must at least cover the division of care or contact arrangements, how you inform and consult each other, and how you share the costs of the children. Without it the court can declare the petition inadmissible, unless you explain why you could not make one.

To save time, you can both sign a deed of acquiescence (akte van berusting) after the decision. You then waive the three-month appeal period of Article 358 Rv, the decision becomes final straight away, and it can be registered immediately.

What speeds up or slows down your divorce?

Agreement speeds up the process; every dispute slows it down. Children, maintenance and complex or foreign assets are the usual causes of delay.

A short marriage often makes things simpler: less joint property and often no children. But a jointly bought house, a mortgage or a residence permit based on the marriage still needs careful attention.

How are children, maintenance and assets arranged?

The court looks at the interests of the child for the children, at need and capacity for maintenance, and at your property regime for the assets. For international couples, the question which law applies comes first.

What happens to parental authority?

Under Article 1:251 BW married parents keep joint parental authority (gezamenlijk gezag) after the divorce; the court only awards sole authority in exceptional cases (Article 1:251a BW). See our article on child custody.

With joint authority, a parent may not move abroad with the child without the other parent’s consent or permission from the court (Article 1:253a BW). For expat families, the parenting plan should also cover holidays abroad and travel consent.

How are child and partner maintenance determined?

Both depend on the need (behoefte) of the recipient and the financial capacity (draagkracht) of the payer. After a short marriage, partner maintenance is usually short too.

Child maintenance (kinderalimentatie) is payable until the child turns 21 (Article 1:395a BW) and cannot be waived. The court uses guidelines published by the judiciary; see also our child support calculator.

For petitions filed from 1 January 2020, partner maintenance (partneralimentatie) lasts half the duration of the marriage, with a maximum of five years (Article 1:157 BW). After a marriage of one year it therefore ends after six months at the latest. If there are children under 12, it continues until the youngest turns 12; longer periods apply after a marriage of at least 15 years in specific cases.

How are assets divided?

For marriages under Dutch law from 1 January 2018, the default is the limited community of property (beperkte gemeenschap van goederen, Article 1:94 BW). Assets acquired during the marriage are divided equally; pre-marital assets, gifts and inheritances remain private, unless you owned them jointly before the wedding.

A house you bought together before the wedding therefore falls into the community. For marriages before 2018 the general community of property usually applies, which also includes pre-marital assets.

Do not assume Dutch law applies to your property. For marriages from 29 January 2019, EU Regulation 2016/1103 decides; without a choice of law, this is usually the law of the first common habitual residence after the wedding. For marriages between 1 September 1992 and 29 January 2019, the Hague Matrimonial Property Convention of 1978 applies.

If your residence permit is based on the marriage, you must report the divorce to the Immigration and Naturalisation Service (IND), and your right to stay may change. Read about divorce and your residence permit before you file.

When does a Dutch court have jurisdiction?

Within the EU, the Brussels II-ter Regulation (EU) 2019/1111 decides. A Dutch court has jurisdiction if, for example, you both live in the Netherlands, the Netherlands was your last common habitual residence and one of you still lives here, or you file jointly and one of you lives here.

A spouse who files alone can also rely on living in the Netherlands for at least one year before filing, or six months if he or she has Dutch nationality; the court also has jurisdiction if you both have Dutch nationality. In a joint, agreed divorce you usually do not need to be in the country for the procedure, because the court decides on the papers.

What should you check as the spouse who wants the divorce?

Good preparation saves weeks. Gather your documents before the first meeting with your lawyer.

• Do you have your marriage certificate and, for a marriage abroad, an apostilled or legalised and translated copy?
• Have you collected bank statements, payslips or annual accounts, and a list of debts, for both of you?
• Do you know which law applies to your property: Dutch law, Regulation 2016/1103 or the 1978 Hague Convention?
• Is your residence permit based on the marriage, and have you checked the consequences on the IND website?
• Do you need interim measures now for the house, the children or temporary maintenance?

What should you check as the other spouse?

You cannot block the divorce itself, but you can protect your position on the consequences.

• Have you diarised the six-week deadline for your defence and counter-requests?
• Does the proposed settlement agreement cover the house, the mortgage, pension rights and maintenance in full?
• Is the proposed partner maintenance within the limit of half the duration of the marriage, with a maximum of five years?
• Does the parenting plan meet the requirements of Article 815 Rv, including moves abroad?

What can we do for you with a quick divorce?

Our divorce lawyers guide Dutch and international clients from the first meeting to registration of the decision. More background is in our article on the divorce applications process.

• We draft the settlement agreement and, where needed, the parenting plan.
• We file the joint petition on behalf of both of you, or a unilateral petition on your behalf.
• We check jurisdiction and the law that applies to your property before filing.
• We request interim measures for the house, the children or temporary maintenance.
• We arrange the deed of acquiescence and the registration of the decision within the six-month period.

Summary

• You can file for divorce straight after the wedding; the only ground is that the marriage has irretrievably broken down (Article 1:151 BW).
• A joint divorce often takes one to three months in practice; a contested divorce six months to a year or more.
• After a short marriage, partner maintenance lasts at most half the duration of the marriage, with exceptions for young children and long marriages.
• For international couples, jurisdiction and the law that applies to your property must be checked first.
• The divorce only takes effect when the decision is registered, within six months after it has become final (Article 1:163 BW).

Frequently asked questions