Divorce proceedings are the judicial route by which a marriage is dissolved. They begin with a petition to the district court and end only with registration of the court order in the registers of births, deaths and marriages.
Legal basis
Article 1:151 of the Dutch Civil Code provides the sole ground: irretrievable breakdown of the marriage. It need not be proved; in practice the assertion of one spouse suffices. Article 1:163 provides that the divorce takes effect on registration in the registers, which must take place within six months of the order. Article 815 of the Code of Civil Procedure sets requirements for the petition, including a parenting plan where there are minor children. Representation by a lawyer is compulsory. On a unilateral petition the other spouse is given the opportunity to defend and to make their own requests about maintenance, division and the children. Article 822 allows provisional measures for the duration of the proceedings, for instance about use of the family home and about the children.
How it works in practice
Where the parties agree, a joint petition with a covenant and a parenting plan suffices and the order usually follows within a few weeks, without a hearing. A unilateral petition takes longer and almost always involves an oral hearing. Provisional measures are then the main instrument for creating calm: they are dealt with at short notice and apply until the divorce is registered.
Where it goes wrong
Parties forget to register within six months, so the order loses its effect and the proceedings must start again. A second error is not seeking provisional measures while the situation at home is untenable. Third, the tax and pension side is examined only after the divorce, when it is precisely that which shapes the negotiating outcome.
Related terms
The proceedings connect to the divorce covenant, the parenting plan and the joint divorce petition.
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