Divorce is one of the most significant events in a person's life. It affects not only you and your partner but also any children, finances, and your future. In the Netherlands, a divorce is pronounced by the court. You cannot simply decide that you are divorced; a judicial ruling is always required. This applies to both marriages and registered partnerships. It is therefore essential to be well-informed about the procedure before taking this step.
Step 1: Consider your options and hire a lawyer
Before starting divorce proceedings, it is wise to think about what you want to achieve. Do you want to file a joint petition together with your partner, or is that not possible? With a joint petition, both partners agree on all terms of the divorce. This is faster, cheaper, and less stressful than a unilateral petition. In the Netherlands, it is mandatory to hire a lawyer for a divorce. You cannot submit a petition to the court yourself. Choose a lawyer who specializes in family law and has experience with divorce cases.
Step 2: Filing the petition with the court
Your lawyer drafts a petition and files it with the court. This petition contains the grounds for divorce and any ancillary requests, such as the division of marital property, spousal maintenance, child maintenance, and the primary residence of the children. According to Article 1:151 of the Dutch Civil Code, a divorce can be granted upon request of one spouse or upon joint request. The only ground for divorce in the Netherlands is the irretrievable breakdown of the marriage. You do not need to prove fault; it is sufficient to state that the marriage is irreparably damaged.
Step 3: The hearing and ruling
After filing the petition, the court schedules a hearing. With a joint petition, there is often no hearing and the judge rules in writing. With a unilateral petition, the other partner has the opportunity to file a defense. During the hearing, both parties can explain their position. The judge then makes a decision. The divorce is only final when the decree is registered in the civil registry. This must happen within six months of the ruling, otherwise the decree loses its validity.
Step 4: Arrangements for children and finances
If minor children are involved in the divorce, you are legally required to draw up a parenting plan. In this plan, you record agreements about care, upbringing, contact arrangements, and child maintenance. Additionally, joint assets must be divided. If you were married in community of property (before January 1, 2018) or under limited community of property (after January 1, 2018), everything must be divided fairly. With prenuptial agreements, it depends on what is specified in the deed. Don't forget to make arrangements for pensions as well; under the Pension Equalization Act, your ex-partner is entitled to half of the pension accrued during the marriage.
What does a divorce cost?
The costs of a divorce vary greatly. With an uncontested joint petition, you pay the court fees (approximately 320 euros in 2026) and the lawyer's costs. Total costs typically range from 1,000 to 2,500 euros. With a contested divorce, costs can increase significantly due to the longer procedure and more billable hours. Do you have a low income? You may be eligible for subsidized legal aid through the Legal Aid Board. Your lawyer can help you apply for this.
Contact our specialized family law attorneys today for a free initial consultation. We guide you through the entire process and ensure your interests are optimally represented.