Divorce Lawyer
in the Netherlands

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Have you decided to divorce, or has your spouse already filed a petition? A divorce lawyer in the Netherlands guides you through the divorce itself and everything around it: children, maintenance, the home, assets and pensions. On this page you read how a Dutch divorce works, which rules apply to expats and international couples, and what you need to arrange.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

When do you need a divorce lawyer in the Netherlands?

You always need a lawyer for a divorce in the Netherlands, because the court only accepts a petition filed by a lawyer. A Dutch divorce lawyer also helps you record your agreements in a way that still works years later.

Typical situations in which clients contact our divorce lawyers:

you and your spouse agree and want to record the arrangements quickly in a divorce agreement and a parenting plan;
your spouse does not want a divorce, or no longer responds to proposals;
you have received a divorce petition and must respond within six weeks;
you disagree about the children, alimony, the family home or your own company;
you married abroad, or one of you lives in another country;
your residence permit depends on your marriage.

Divorce lawyers who focus on family law know the maintenance standards, the pension rules and the procedural rules of the court. A divorce lawyer in the Netherlands also knows how courts apply them in practice. That prevents mistakes in documents that are hard to correct after registration.

Which related services can we help you with?

For specific questions within this area of law, these pages go into more detail.

How does a divorce in the Netherlands work?

A Dutch divorce is granted by a district court on a petition filed by a lawyer. The marriage ends only when the court decision is entered in the civil status registers.

Under Article 1:151 of the Dutch Civil Code, the only ground for divorce is the irretrievable breakdown of the marriage. Dutch law has no fault-based divorce; you can read Book 1 of the Civil Code on wetten.overheid.nl (in Dutch). Your spouse therefore cannot prevent the divorce by refusing; a defence mainly makes sense against the ancillary arrangements, such as maintenance or the division of assets.

Joint or unilateral petition?

With a joint petition, you and your spouse file one request together. You usually attach a divorce agreement with the financial arrangements and, with minor children, a parenting plan. A hearing is then often not needed.

With a unilateral petition, only you file. A bailiff serves the petition on your spouse, who then has six weeks to file a statement of defence. An oral hearing at the court usually follows. Read more on divorce without your partner's consent.

One lawyer or two?

A lawyer must sign the divorce petition, even if you fully agree. With a joint petition, one divorce lawyer can file on behalf of you both. A joint lawyer may not advise either of you one-sidedly, and must withdraw if a conflict arises. With large interests or an unequal position, each spouse is better off with their own divorce lawyer.

When are you officially divorced?

You are divorced once the decision is registered in the civil status registers. Under Article 1:163 Dutch Civil Code this must happen within six months after the decision has become final. The appeal period is three months. If both of you waive an appeal by signing a deed of acquiescence (akte van berusting), registration can follow at once. Miss the six months and the decision lapses: you are still married.

What do you arrange for the children?

With minor children, a parenting plan is mandatory; this obligation has applied since 1 March 2009. You also agree on child maintenance, which the court checks against the child's needs and both parents' financial capacity.

Our divorce lawyers help you draft the parenting plan. It covers the division of care, how you inform and consult each other on school and medical care, and the costs of the children. Joint custody in principle continues after the divorce (Article 1:251 Dutch Civil Code). Children aged 12 and older are invited by the court to give their views.

Child maintenance follows the Trema standards of the Expertgroep Alimentatienormen. The duty of support runs until the child turns 21. A parent who wants to move abroad with the children needs the consent of the other parent or the court. If a child is taken abroad without consent, the Hague Child Abduction Convention of 1980 provides for a quick return procedure. Child abduction cases in the Netherlands are heard by the District Court of The Hague.

Our divorce lawyers also deal with related questions, such as a step-parent adoption or a change of a child's surname later on.

How long does spousal maintenance last?

For petitions filed from 1 January 2020, spousal maintenance (partneralimentatie) lasts half the length of the marriage, with a maximum of five years. The law makes exceptions for young children, long marriages and spouses close to state pension age.

Situation	Maximum duration
Basic rule (petition from 1 January 2020)	Half the length of the marriage, at most 5 years
Children under 12	Until the youngest child turns 12
Marriage of more than 15 years, recipient within 10 years of state pension age	Until the recipient's state pension age
Petition filed before 1 January 2020	In principle 12 years (old rules)

You can agree on something else, such as a shorter period or a lump sum. If the end of alimony would be unreasonably harsh for the recipient, the court can extend it under the hardship clause. Alimony amounts are indexed every year on 1 January.

How are property and debts divided?

What you share depends on the date of your marriage and on any prenuptial agreement. A divorce lawyer in the Netherlands first maps all assets and debts, including mortgages, savings, shares and the company.

Limited or general community of property?

For marriages under Dutch law from 1 January 2018, the limited community of property applies. Assets and debts from before the marriage stay private, as do inheritances and gifts. Only what you build up during the marriage falls into the community.

If you married before 1 January 2018 without a prenuptial agreement, the general community of property applies. In principle it includes all assets, also those from before the marriage, except inheritances and gifts with an exclusion clause. The community is dissolved on the day the divorce petition is filed (Article 1:99 Dutch Civil Code). It is then in principle divided into two equal halves.

What if you have a prenuptial agreement?

A prenuptial agreement (huwelijkse voorwaarden), made before a notary, determines what you settle. A frequent issue is a periodic settlement clause that was never carried out. Under Article 1:141 Dutch Civil Code, the assets are then in principle settled as if the clause had been carried out. A foreign prenuptial agreement must first be assessed under the law that governs it.

What happens to the family home?

For an owner-occupied home there are three routes: sell, one spouse takes over, or you remain joint owners for a while. Both of you usually remain jointly and severally liable for the mortgage until the bank releases the departing spouse. A divorce lawyer in the Netherlands can prepare that request together with your mortgage adviser. The court can allow one spouse to keep using the home for up to six months after registration (Article 1:165). During proceedings you can ask for provisional measures on the home under Article 822 of the Dutch Code of Civil Procedure.

What happens to your pension?

Old-age pension built up during the marriage is in principle shared equally under the Pension Equalisation on Divorce Act (Wet verevening pensioenrechten bij scheiding). Each spouse receives half of the pension the other built up during the marriage.

You must notify the pension provider within two years after the divorce is registered. Otherwise the provider does not pay you directly. You can also agree on conversion, which gives you an independent pension right that continues if your former spouse dies. Your divorce lawyer records that choice in the divorce agreement.

What does a divorce lawyer in the Netherlands check in an international divorce?

In an international divorce, the first questions are which court has jurisdiction and which law it applies. International family law answers these questions separately for the divorce, the children, maintenance and property.

International family law is a field of its own, with EU regulations and Hague conventions next to Dutch law. Our divorce lawyers handle these cases in English and Dutch, for clients in Amsterdam, Eindhoven and abroad.

Can you divorce in the Netherlands as an expat?

Within the EU, jurisdiction follows from Regulation (EU) 2019/1111, known as Brussels II-ter. A Dutch court usually has jurisdiction if you both have your habitual residence in the Netherlands, or in several other situations based on residence or nationality. Dutch nationals who live abroad can in certain cases file with the District Court of The Hague.

A Dutch court applies Dutch law to the divorce itself (Article 10:56 Dutch Civil Code). Foreign law can still apply to property and maintenance. For marriages from 29 January 2019, EU Regulation 2016/1103 decides which law governs your property. An international divorce lawyer checks this before you file, because the choice of court can affect the outcome.

Is a Dutch divorce recognised abroad?

A Dutch divorce is recognised in the other EU member states, except Denmark, without a special procedure under Brussels II-ter. Outside the EU, recognition depends on the law of the country concerned. A certificate or apostille may be needed, so check this early. A divorce lawyer in the Netherlands can request the right documents from the court and the municipality.

What does a divorce mean for your residence permit?

If your residence permit is based on living with your spouse, it no longer has a basis after the divorce. You must report the change to the Immigration and Naturalisation Service (IND). In some situations, for example after a long period of residence or because of your children, an independent permit may be possible. Check the conditions on ind.nl and ask advice before you file. A permit based on your own work, such as a highly skilled migrant permit, does not depend on the marriage.

When does a mediator help?

A mediator guides the conversation between spouses neutrally, but advises neither of you. Mediation works well if you can still talk and want to avoid court proceedings.

A mediator does not replace a lawyer. A divorce lawyer in the Netherlands must still file the petition, and you are wise to have the draft agreement reviewed. We can advise you alongside mediation, so that you know your rights before you sign. If talks with the mediator stall, we take over the negotiations.

How does working with Law & More work?

Every divorce lawyer at our firm works in four phases. In each phase we discuss in advance what we do and which documents you provide.

Intake. In a free introductory meeting we map your marriage, children, income, home and pension, and the deadlines that run.
Advice. We set out your position: expected maintenance, the division of assets, the applicable law and the risks.
Negotiation. We draft the divorce agreement and parenting plan, or negotiate with your spouse's lawyer. If you agree, we file a joint petition.
Proceedings. If no agreement is reached, we file a unilateral petition or a defence and, if needed, ask for provisional measures. After the decision we arrange registration within six months.

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

A lawyer at Law & More works at an hourly rate of 250 to 350 euros excluding VAT. A partner charges 300 to 400 euros excluding VAT. We discuss the rate in advance, together with an estimate of the total costs.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. You also pay a court fee and, with a unilateral petition, the bailiff's costs.

People with a low income can get state-funded legal aid through the Legal Aid Board (Raad voor Rechtsbijstand). Law & More does not work on that basis. We are based at Marconilaan 13 in Eindhoven, have a visiting location in Amsterdam and work for clients throughout the Netherlands. Clients in Amsterdam and abroad can also meet us online.

Who handles your case?

Your case is handled by Aylin Acar, Michelle Marjanovic and Jade Vaneerdewegh. You can read more about their background on our team page.

Which articles help you further?

Frequently asked questions

Is a divorce lawyer in the Netherlands always mandatory?

Yes, for a divorce you always need a lawyer, because only a lawyer can file the petition. With a joint petition, one lawyer can act for you both. A registered partnership without minor children can be ended without a court, with an agreement signed by a lawyer or notary.

What if my spouse does not want a divorce?

Then you file a unilateral petition. The court grants the divorce if the marriage has irretrievably broken down, and your statement on that is usually enough. Your spouse can still contest the arrangements on children, maintenance and property.

How long does a divorce take in the Netherlands?

A joint petition is usually decided within a few weeks to two months after filing. A contested unilateral divorce often takes six months to a year, and longer with an appeal. In urgent situations you can ask for provisional measures.

How long do I have to pay spousal maintenance?

For petitions from 1 January 2020, the basic rule is half the length of the marriage, with a maximum of five years. With children under 12, maintenance runs until the youngest turns 12. After a marriage of more than 15 years, longer periods can apply, linked to state pension age.

Can we divorce in the Netherlands if we married abroad?

Yes, if a Dutch court has jurisdiction, usually because you live in the Netherlands. The court applies Dutch law to the divorce itself. Foreign law may still govern your property or maintenance.

Does Law & More work on legal aid?

No. State-funded legal aid runs through the Legal Aid Board, but Law & More does not work on that basis. We work with an hourly rate agreed in advance, and the first 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.