The fastest way to divorce in the Netherlands is a joint petition (gemeenschappelijk verzoek) with all arrangements agreed in advance; that route can take as little as six weeks. If one of you files alone, the other spouse has six weeks to respond, and a contested divorce usually takes months, sometimes more than a year.
Dutch law has one ground for divorce: the marriage has broken down irretrievably (duurzame ontwrichting), according to article 1:151 of the Dutch Civil Code (BW). There is no waiting period and you do not have to prove fault. When you file together and both state that the marriage has broken down, the court does not ask for proof (article 1:154 BW). The choice of route, made at the very start, decides your timetable.
How do a joint and a one-sided petition differ in speed?
A joint petition is usually decided on the papers within weeks. A one-sided petition (eenzijdig verzoek) must be served on your spouse first, who then has six weeks to file a defence.
With a joint petition, you submit one petition, usually prepared by one lawyer or mediator acting for both of you. If there are minor children and the parenting plan or the conversation with the children shows that a hearing is needed, the court will still call you in. With a one-sided petition, a hearing is more likely, and every point you disagree on adds time.
What should you agree before you file?
Agree the arrangements first: the children, the house, pensions and maintenance. These four subjects cause most of the delay, not the divorce itself.
If you have minor children, a parenting plan (ouderschapsplan) is compulsory. If you have children aged 18 to 21, you must include arrangements on their maintenance and studies. The parenting plan sets out how you divide care, how you take decisions, how you will communicate and what each of you contributes to the costs. Agreeing it in advance is faster. It also gives you an arrangement the two of you designed yourselves.
The financial arrangements usually go into a divorce covenant (echtscheidingsconvenant). Gather the financial information once, at the start, so that the covenant can be drafted without repeated rounds of questions.
When does one lawyer or mediator for both of you make sense?
One lawyer or mediator for both of you is the shortest route, provided there is a workable balance between you. 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 facts is what turns weeks into months. Even so, a joint lawyer is not appropriate in every case. It is not suitable where there has been abuse, where one of you does not have a clear picture of the finances, or where trust has broken down so far that agreement is unrealistic. In those situations separate advice is the right choice, and the extra time is well spent.
How do you keep conflict from slowing things down?
Focus on the practical questions the court must answer. Dutch courts do not decide who is to blame for the breakdown, so arguments about fault add cost without changing the outcome.
The court looks at where the children will live, what maintenance is payable and 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. A partial agreement narrows what the court still has to decide.
What happens after the court’s decision?
Your divorce is only final once the decision is registered in the register of civil status (registers van de burgerlijke stand). That registration must take place within six months, or the decision loses its effect (article 1:163 BW).
If you miss the six-month period, you have to start the whole procedure again. Normally you would wait for the three-month appeal period to end before registering. If neither of you intends to appeal, you can each sign a declaration of acquiescence (akte van berusting). The decision can then be registered straight away.
In summary
- The only ground for divorce is that the marriage has broken down irretrievably; fault plays no role.
- A joint petition with everything agreed is the fastest route and can take around six weeks.
- With a one-sided petition, your spouse has six weeks to respond, and a contested divorce takes months.
- A parenting plan is compulsory if you have minor children.
- Register the decision within six months; a declaration of acquiescence lets you do so without waiting for the appeal period.
Frequently asked questions
How quickly can a divorce be completed?
If everything is agreed and you file a joint petition with a covenant and, where required, a parenting plan, around six 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 court from granting the divorce.
Can we use the same lawyer?
Yes, if you file a joint petition and there is no conflict of interest. That is the fastest and least expensive route.
Is a parenting plan really compulsory?
Yes, if you have minor children. The court expects it with the petition, and a missing plan delays the procedure.
How can we speed things up as a couple?
Prepare rather than push. Know what has to be agreed, gather the financial information once and choose the right procedural route at the outset. Our family lawyers can act as joint counsel for both of you or advise one of you.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our divorce lawyer page.
