Divorce proceedings can be an emotional, confusing and challenging process. For expats, it is often even more complicated. There is more uncertainty. Can you file for divorce in the Netherlands? Which law will apply? Where do you start? What are the options and possibilities? And what are the potential impacts on finances, living arrangements, residence status and future emigration?
In this article we will give you some general information about a divorce procedure in the Netherlands, so you’ll know where to start.
Can you file for divorce in the Netherlands?
If you want to get divorced in the Netherlands, it must first be clear whether the Dutch court can rule on the matter. Simply put, there must be a connection to the Netherlands for the court to have jurisdiction. This connection can be that you and/or your partner have Dutch nationality or live in the Netherlands. Having previously lived in the Netherlands or only having married in the Netherlands without any further connections is not enough for the court to make a decision.
What do you need for divorce?
The legal basis to get a divorce in the Netherlands is an “irretrievable disruption of the marriage”. In short, this means that in the Netherlands there are no conditions to apply for divorce. For example, there is no waiting period before you can get divorced. Even if you apply for divorce but your partner does not want to divorce, the court in the Netherlands will always pronounce the divorce.
Which law does apply?
Just because Dutch law governs the divorce itself, it doesn’t mean that it applies to every aspect of the divorce. While Dutch law may be relevant for the divorce proceedings, the law of a different state might apply to issues like maintenance or the division of marital assets. Being able to divorce in the Netherlands simply means that Dutch courts have the authority to handle your case—not that all elements will be subject to Dutch law. A lawyer can assist you in figuring out which laws are applicable and explain the implications for your situation.
What are the ways to move forward?
Once it is clear that you can get divorced in the Netherlands, there are three ways to file for divorce: through joint divorce or unilateral divorce, with or without agreements.
Joint divorce
The first way is a joint divorce. This means that you will have one lawyer or mediator. This person will help you reach an agreement together. The agreements about the children are recorded in a parenting plan, and the financial matters are recorded in a divorce agreement. These documents are sent to the court. The entire process is conducted in writing and there is no court hearing. As soon as the signed papers are with the court, the divorce can be quickly finalized.
Your own lawyer: agreements
If the first method does not work or you want to do things differently, you can both hire your own lawyer. The goal is still to make agreements together, which are recorded in a parenting plan and a divorce agreement. You can make written proposals and/or plan a four-way meeting. A four-way meeting is a meeting between both lawyers and you to make arrangements. This procedure is also done in writing, without a court hearing. If everything is settled and goes to court, the divorce can also be quickly granted here.
Your own laywer: going to court
If you are unable to reach an agreement or if you cannot agree on certain matters, the third option is to ask the court to make a decision. Both partners will then have their own lawyer. You can submit your requests and points of view to the court through your lawyer. The court will make a decision after the hearing.
Find an expert fitting your needs
Once the decision for divorce has been made, a lot happens. There are many things to arrange and think about. Therefore, find an expert (lawyer or mediator) who suits you and who can help you in English. Divorce is a difficult process. It is incredibly helpful to have an expert you can fall back on.
Do you have questions about divorce or about your personal family situation? Please do not hesitate to contact GMW Lawyers. We can work it out!
This is a sponsored post, provided by GMW Lawyers