Divorce duration in the Netherlands: how long does it take?

How long a divorce takes in the Netherlands depends mainly on one thing: whether you file a joint petition or one of you files against the other. An uncontested joint petition, with the divorce covenant and any parenting plan already agreed, can often be decided by the court on the papers, within a few weeks of filing. A contested divorce takes months, and longer still where there are disputed valuations, expert evidence or an international element.

Which phase determines the timetable?

The preparation phase. This is where you have the most control over how long the whole process takes.

Preparation covers gathering the financial information and agreeing the arrangements for the children, the house, the pensions and maintenance. It ends with the covenant and, if you have minor children, the parenting plan, which Article 815 of the Code of Civil Procedure (Rv) requires you to file with the petition. Where both spouses work through this constructively, it can take a few weeks. Where every item is disputed, there is no fixed end date.

Pension administrators, mortgage lenders and valuers often take several weeks to supply documents. Request them at the start, not at the end; that alone can shorten the whole process.

Who files the petition, and what happens at court?

A lawyer files the petition; this is mandatory, also for a joint petition. In a joint petition one lawyer can act for both of you, and the court can decide without a hearing.

A mediator can help you reach the agreements, but cannot file the petition. In a unilateral petition, the other spouse receives the petition and has six weeks to file a statement of defence (verweerschrift). If a defence is filed, the court schedules a hearing. How long you wait for that hearing depends on the workload of the court, and is usually a matter of months rather than weeks.

Some matters cannot wait for the final decision, such as the use of the home, interim maintenance or where the children will live. Your lawyer can ask the court for interim provisions (voorlopige voorzieningen) on these points. Such requests are dealt with relatively quickly, usually with a hearing within a few weeks.

How long is the appeal period after the decision?

Three months. During that period either spouse can lodge an appeal, unless you both waive that right.

You waive the right to appeal by signing a deed of acquiescence (akte van berusting), declaring that you will not appeal. You then do not have to wait out the three months, and the divorce can be registered straight away. This is one of the practical advantages of a joint petition.

When is the divorce final?

Only when the decision is registered in the register of civil status (burgerlijke stand). Until then, you are still legally married.

Registration must take place within six months of the decision becoming final. If that does not happen, the decision lapses and you have to start the whole procedure again. This is a real trap in amicable divorces, where both spouses assume the matter is finished once the decision arrives. Make sure someone is clearly responsible for the registration.

What should you check as the spouse who files?

• Is the covenant complete on the house, pensions and maintenance, and will the lender release one of you from the mortgage?
• Have you attached the parenting plan if you have minor children?
• Have you requested pension and mortgage documents at the start?
• Is it agreed who arranges registration within six months of the decision becoming final?

What should you check as the spouse who receives the petition?

• When was the petition served? The six weeks for your statement of defence run from that date.
• Do you need interim provisions on the home, maintenance or the children now?
• Do you agree with the requests, or should you file counter-requests with your defence?
• Would signing a deed of acquiescence after the decision save you three months?

What can we do for you with your divorce timetable?

Our divorce lawyers handle both routes; see also how to divorce quickly and divorcing without your partner’s consent.

• We draft the covenant and parenting plan and file a joint petition for both of you.
• We file a unilateral petition or your statement of defence within the six-week period.
• We request interim provisions on the home, maintenance or the children.
• We prepare the deed of acquiescence and arrange registration with the civil registry.

Summary

• A joint petition with agreed arrangements can be decided within a few weeks of filing; a contested divorce takes months.
• A lawyer must file the petition, also for a joint petition; a mediator cannot.
• In a unilateral procedure, the other spouse has six weeks to file a defence.
• The appeal period is three months, unless both spouses sign a deed of acquiescence.
• The divorce takes effect only on registration, which must happen within six months of the decision becoming final.