Provisional measures in a Dutch divorce: home, maintenance and children

Provisional measures (voorlopige voorzieningen) are temporary court orders that settle who stays in the family home, who pays what maintenance and how the children are cared for while your Dutch divorce is running. You can request them through a lawyer before or during the divorce, and under Article 821 of the Dutch Code of Civil Procedure (Rv) the hearing starts no later than the third week after the week of your request; the exception is that a measure requested before the divorce petition lapses if no petition follows within four weeks.

What are provisional measures in a Dutch divorce?

A provisional measure is a temporary decision of the district court during divorce or legal separation proceedings. The measures available are listed in Articles 822 and 823 Rv.

Divorce proceedings in the Netherlands often take several months. In the meantime, both spouses still need to live somewhere, work, care for the children and pay ongoing expenses. A provisional measure gives short-term practical and financial clarity and can prevent the situation from becoming unworkable.

As a rule, the measures lapse once the divorce decision is registered in the civil registry, or when the petition is withdrawn or finally rejected (Article 826 Rv). Some measures, for example on the children, can continue until the court’s final decision on that point takes effect.

When can you request provisional measures?

Before the divorce petition is filed, or during the proceedings. A measure granted before the petition lapses if no petition for divorce or legal separation is filed within four weeks of the decision (Article 821(4) Rv).

In practice, both requests are therefore often filed shortly after one another, and the divorce proceedings themselves follow the ordinary petition route. A new or amended measure can also be requested during the proceedings, for example after a change in income, problems with the care arrangement or rising tension at home.

The procedure is available to married couples and registered partners. Unmarried cohabitants may, in urgent situations, obtain comparable arrangements through summary proceedings (kort geding), under a different legal framework.

What can the court decide on a provisional basis?

The court can decide on the home, maintenance, the children and the use of household contents and assets. It weighs the interests of both spouses and, where relevant, of the children.

Who gets to stay in the family home during the divorce?

The court can grant one spouse exclusive use of the family home for the duration of the proceedings. It is not decisive who owns the property, who is the tenant, or in whose name the mortgage is registered.

Factors the court may take into account include:

• where the children have, or are expected to have, their main residence
• the financial position of both spouses
• whether reasonable alternative housing is available
• indications of intimidation, domestic violence or another unsafe situation at home

An unsafe situation can weigh heavily, but it remains an individual assessment by the court rather than an automatic outcome. In acute danger, a temporary restraining order (huisverbod) by the mayor for ten days is a separate, faster route.

How does temporary spousal maintenance work?

The court can order temporary spousal maintenance where one spouse is financially dependent on the other. As with spousal maintenance generally, it looks at the need of the requesting spouse and the capacity of the other (Article 1:157 BW), but often on the basis of a global estimate rather than a detailed calculation.

How does temporary child maintenance work?

Child maintenance can also be set on a temporary basis, based on the needs of the child and the capacity of both parents (Article 1:404 BW). The parent with whom the children do not mainly live will generally contribute to the costs of care and upbringing.

What temporary care arrangement can the court order?

Where there are minor children, the court can set a temporary care and contact arrangement. It may cover the division of parenting time, handovers, holidays and practical arrangements for school and free time.

The arrangement gives children stability until a definitive parenting plan is in place. Under Article 815(2) Rv, that parenting plan must be filed with the divorce petition.

What happens with household contents and assets?

The court can decide who may use items such as the car, furniture or household appliances during the proceedings. It can also make temporary arrangements on bank accounts, for example to prevent one spouse from disposing of joint assets alone.

How does the procedure work at the district court?

A lawyer files the request with the district court, setting out which measure is requested, why, and on which facts. Income details and information about the family situation are usually attached.

The hearing starts no later than the third week after the week in which the request was filed (Article 821(2) Rv), and both spouses can explain their position. The court decides as soon as possible afterwards (Article 821(3) Rv). The decision takes effect immediately, and no appeal is possible (Article 824 Rv); a new request or an amendment can be filed if circumstances change.

Is a provisional measure final?

No. It is not a final ruling on the divorce, the division of the marital estate or parental authority, but a temporary arrangement under Articles 822 and 823 Rv.

The factual situation it creates can still influence how the case develops, for example who has lived with the children for six months. Support the request with documents from the start.

What should you check if you request a provisional measure?

Prepare the facts that support your request before you file. The hearing follows within about three weeks, so there is little time afterwards.

• Collect payslips, annual statements and fixed costs for the maintenance calculation.
• Write down where the children live now and what care arrangement works in practice.
• Document any unsafe situation with police reports, messages or a GP statement.
• Check whether you need alternative housing and what it costs.
• If you file before the divorce petition, plan to file that petition within four weeks.

What should you check if your spouse requests a provisional measure?

You will receive the request with a hearing date, usually within three weeks. Respond on paper and attend the hearing with your lawyer.

• Check the deadline for a written defence set by the court.
• Gather your own income details to test the maintenance claimed.
• Propose your own care arrangement if you disagree with the one requested.
• Consider a counter-request, for example on the use of the home or the car.
• Remember that no appeal is possible, so the hearing is your moment.

What can we do for you with provisional measures?

Our family lawyers and divorce lawyers handle provisional measures for both requesting and responding spouses.

• We draft and file the request with the district court, with the supporting documents.
• We calculate temporary spousal and child maintenance.
• We prepare a written defence or counter-request if your spouse has filed.
• We represent you at the hearing, which takes place within three weeks.
• We file the divorce petition within the four-week deadline of Article 821(4) Rv.

Summary

• Provisional measures are temporary orders on the home, maintenance, the children and assets during a Dutch divorce (Articles 822 and 823 Rv).
• The hearing starts no later than the third week after the request, and a lawyer is required.
• A measure requested before the divorce petition lapses if no petition follows within four weeks.
• No appeal is possible, but the measure can be amended if circumstances change.
• As a rule the measures lapse when the divorce is registered (Article 826 Rv).

Frequently asked questions