Divorce in the Netherlands: the 10 steps from decision to registration

A Dutch divorce follows a fixed set of steps, and taking them in the right order keeps the process short. You establish the financial position, agree a parenting plan for any children, agree on maintenance, divide property and pensions, record it all in a divorce covenant (echtscheidingsconvenant), and file the petition through a lawyer. Once the divorce decision is final, you must register it in the register of civil status within six months, or the decision lapses (Article 1:163 of the Dutch Civil Code, BW).

The choice that sets the timetable is made at the start. A joint petition prepared by one lawyer can often be dealt with on paper within weeks. A unilateral petition that your partner contests can take several months and involves a court hearing.

What are the ten steps of a Dutch divorce?

They run from telling your partner to registering the final decision. Steps 1 to 7 prepare the agreements; steps 8 to 10 are the court procedure at the district court (rechtbank).

Step 1: How do you tell your partner you want a divorce?

Tell your partner in person and explain why you have reached that decision. Staying respectful now makes a joint petition possible, which is the fastest and cheapest route under Article 1:154 BW.

If you communicate well, you can divorce jointly with a single lawyer or mediator. If that is not possible, each of you needs your own lawyer.

Step 2: Do you need a lawyer or a mediator?

You need a lawyer in any case. Only a lawyer can file a divorce petition with the district court, and only a judge can pronounce the divorce (Article 1:150 BW). A mediator can help you reach agreement, but a lawyer must still file the petition.

Two separate lawyers usually means a longer, more expensive procedure, because you are on opposite sides of the case. Our family law lawyers can act as your joint advisor or represent you individually.

Step 3: Which documents do you need?

Gather the records for yourself, your partner and any children: your marriage certificate, the children’s birth certificates, extracts from the Personal Records Database (BRP) from the municipality, an extract from the custody register (gezagsregister) and any prenuptial agreement. The court uses them to confirm your family situation. If either of you holds foreign nationality or assets abroad, more may be needed.

Step 4: How do you map out your assets and debts?

List all assets and debts with supporting documents: the title deed and mortgage deed of your house, life insurance and annuity policies, investments, savings, bank statements and recent income tax returns. For marriages since 1 January 2018, the default is a limited community of property, which leaves out assets from before the marriage and gifts and inheritances. Add a list of household effects that sets out who receives what.

Step 5: How is child or partner maintenance calculated?

Your lawyer or mediator compares both partners’ income and fixed costs, such as housing and childcare, using the guidelines of the Expertise Group on Alimony Standards (tremanormen). Child maintenance comes first; partner maintenance is limited to a maximum of five years for divorces requested since 1 January 2020 (Article 1:157 BW), with exceptions. The outcome goes into the covenant and, with children, the parenting plan.

Step 6: What happens to your pension?

The retirement pension built up during the marriage is divided under the Pension Rights Equalisation (Divorce) Act (Wet verevening pensioenrechten bij scheiding, WVPS). By default each partner receives half of it through equalisation, unless you agree otherwise in the covenant. Notify the pension fund within two years after the divorce is registered. A bill to make conversion the default (Wet pensioenverdeling bij scheiding 2022) is still pending and not in force.

Request an overview of each partner’s accrued entitlements from the pension funds. Report the divorce to the pension fund within two years, or the division does not take place through the fund.

Step 7: Do you need a parenting plan?

Yes, if you have minor children. Under Article 815(2) of the Code of Civil Procedure (Rv), the parenting plan must be submitted with the petition. It records your agreements on:

• how you divide care and parenting tasks;
• how you inform and consult each other about important decisions and about the children’s assets;
• how you split the costs of care and upbringing.

You must also state how the children were involved in drawing up the plan. Children aged 12 and over are invited by the court to give their views.

Step 8: How is the petition filed?

Your lawyer drafts the petition and files it with the district court. In a joint petition, both spouses sign and a hearing is usually not needed. In a unilateral petition, the petition is served on your partner, who can file a defence, usually within six weeks.

Step 9: What happens at the hearing?

In a contested divorce, both partners attend the hearing with their lawyers and explain their position. The judge may ask about the parenting plan, maintenance or the division of property, and then states when the decision will follow, usually within a few weeks.

Step 10: When does the divorce become final?

Under Article 358 Rv, you can appeal within three months of the decision. Once that period has passed without an appeal, the decision becomes final and your lawyer has it registered with the municipality where the marriage was registered, or with The Hague if you married abroad; only then is the marriage dissolved. If you both sign a deed of acquiescence (akte van berusting) confirming that you will not appeal, the divorce can be registered immediately. Registration must follow within six months.

What can we do for you with your divorce?

Our divorce lawyers guide you through every step, jointly or for one of you.

• We draft the divorce covenant and the parenting plan.
• We calculate child and partner maintenance under the tremanormen.
• We map out the division of property and check how the pension is divided.
• We file the joint or unilateral petition with the district court and represent you at the hearing.
• We prepare the deed of acquiescence and arrange registration within the six-month deadline.

Summary

• A joint petition, prepared by one lawyer, is usually faster and cheaper than a unilateral one.
• Gather your financial documents and personal records early: they are needed for maintenance, pension and property decisions alike.
• If you have minor children, a parenting plan is mandatory and must go to court with the petition.
• You can appeal a divorce decision within three months, or sign a deed of acquiescence to register it sooner.
• Register the final decision within six months, or it lapses.

Frequently asked questions