Sanne Smit
Partner
Divorce is difficult enough without legal uncertainty. Here is a clear overview of the process, and how custody and maintenance are decided.
Relationship breakdown is one of the hardest experiences in life, and the law that governs it can feel daunting. In the Netherlands, divorce is governed by Book 1 of the Civil Code (Burgerlijk Wetboek) and always runs through the court via an advocaat. Clear, realistic advice early on makes a real difference.
Joint vs single petitions
Where both spouses agree, a joint petition (gemeenschappelijk verzoek) — usually built around a divorce covenant (echtscheidingsconvenant) — is faster and less adversarial. Where they do not, one spouse petitions on the ground that the marriage has irretrievably broken down (duurzame ontwrichting).
Children and the parenting plan
Parents must file a parenting plan (ouderschapsplan), and the court's paramount consideration is the welfare of the child. Joint parental authority normally continues after divorce, with arrangements for the child's main residence, contact and child support (kinderalimentatie).
Maintenance and division of assets
- Child maintenance, and partner maintenance (partneralimentatie) where appropriate.
- Division of the community of property or settlement under prenuptial conditions (huwelijkse voorwaarden).
- Pension equalisation (pensioenverevening) between the spouses.
A well-negotiated settlement almost always serves a family better than a hard-fought trial.
We assist clients through divorce planning, proceedings, custody, maintenance and settlement — including mediation, and matters involving foreign elements. Our aim is practical resolution with dignity.
This article is general information, not legal advice. For guidance on your specific situation, please speak to our team.
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