A divorce in the Netherlands is granted on one ground only: that the marriage has broken down irretrievably. There is no waiting period and no need to prove fault, and how long the procedure takes depends almost entirely on one thing – whether the two of you file together or one of you files against the other.
A joint petition, prepared by one lawyer or mediator acting for both, can be dealt with by the court on the papers and often results in a decision within a few weeks of filing. A unilateral petition has to be served on the other spouse, who is given time to respond, and a contested divorce with a hearing takes months rather than weeks. The choice between the two routes, made at the very start, is what decides the timetable.
Agree the arrangements before you file
What lengthens a divorce is rarely the divorce itself; it is the arrangements around it. Four subjects account for most of the delay: the children, the house, pensions and maintenance.
Where there are minor children, a parenting plan is compulsory and the petition cannot proceed properly without one. It sets out how care is divided, how decisions are taken, how you will communicate and what each of you contributes to the costs. Agreeing it in advance is not only faster; it also produces an arrangement the two of you actually designed.
Use one lawyer or a mediator where you can
Instructing a single lawyer or mediator jointly is the shortest route. One professional gathers the information once, drafts one covenant and one parenting plan, and files one petition. Two lawyers writing to each other about the same set of facts is what turns weeks into months.
This works where there is a workable balance between you. It is not appropriate where there has been abuse, where one of you does not have a clear picture of the finances, or where trust has broken down to the point that agreement is unrealistic. In those situations separate advice is the right choice, and the additional time is well spent.
Keep the conflict out of the procedure
Courts do not apportion blame in a Dutch divorce, and arguments about who caused the breakdown add nothing to the outcome while adding a great deal to the cost. The questions the court must answer are practical: where the children live, what maintenance is payable, how the assets and pensions are divided.
Where communication has become difficult, mediation is usually faster than litigation even when it does not resolve everything, because a partial agreement narrows what the court has to decide.
After the decision: registration
The divorce is not final when the court gives its decision. It takes effect only once the decision is registered in the register of civil status, and registration must take place within six months of the decision becoming final. Miss that period and the decision lapses, and the whole procedure has to be started again. Where the divorce is by joint petition, a declaration of acquiescence signed by both spouses allows registration straight away instead of waiting out the three-month appeal period.
Frequently asked questions
How quickly can a divorce be completed?
Where everything is agreed and a joint petition is filed with a covenant and, where required, a parenting plan, a matter of weeks is realistic. A contested divorce generally takes months, and longer where valuations or expert evidence are needed.
Do we both have to agree to divorce?
No. One spouse can petition alone, and the other’s refusal does not prevent the divorce being granted.
Can we use the same lawyer?
Yes, where the divorce is by joint petition and there is no conflict of interest. That is the fastest and least expensive route.
Is a parenting plan really compulsory?
Where there are minor children, yes. The court expects one with the petition, and its absence delays matters.
Advice on divorce
Speed in a divorce comes from preparation rather than from pressure: knowing what has to be agreed, gathering the financial information once, and choosing the right procedural route at the outset. Our family lawyers act both as joint counsel and as adviser to one spouse. Please contact Law & More to discuss which route fits your situation.
