There are generally three ways to achieve a divorce:

• Mediation – you and your partner consult an independent mediator to discuss the consequences of the divorce. Once everything has been settled, a divorce agreement is signed and the lawyer-mediator jointly files a petition for divorce with the court. There is no hearing, but the order is usually issued within three to six weeks. The divorce is final as soon as it is registered in the civil registry of the municipality.
• Court proceedings – one of the spouses can file a request for divorce through a lawyer. In doing so, ancillary provisions can also be requested, such as alimony or division of assets. The other spouse can defend himself through a lawyer and file requests himself. This is followed by a hearing and the judge will rule on all aspects. The divorce is final as soon as it is registered in the civil registry.
• Collaborative divorce – an alternative form of conflict resolution in which both parties have a lawyer, but agree not to go to court. In a number of conversations with lawyers, a coach and a financial advisor, the consequences of the divorce are arranged. The divorce is then requested through the court, just like with mediation.

Yes, a registered partnership entered into in the Netherlands can also be dissolved here, even if you no longer live in the Netherlands.

If you have children together, the dissolution must go through the court, just like with a divorce. Without children, the dissolution can take place through the municipality. A written agreement is required for this with signatures of both partners and a lawyer or notary.

Depending on the chosen method of divorce, the time frame can vary. With mediation or collaborative divorce, it takes an average of 3 to 6 months. It can be faster if the parties have already reached an agreement. It can take longer if there is a lot of time between the conversations.

In the case of legal proceedings, a lot of time is lost between starting the proceedings, filing responses and evidence, and scheduling a hearing. The first hearing usually takes place a year after filing the divorce petition. Depending on how complex or contentious the case is, the process can take from 1.5 to several years.

Divorce proceedings can take a long time. The law therefore provides for the possibility of requesting interim measures.

The measures you can request from the court are limited to:

• temporary primary care for the children;
• a care and contact arrangement for the children;
• exclusive use of the marital home;
• exclusive use of (personal) belongings and the personal belongings of the children;
• temporary child and/or spousal support.

The temporary measures will remain in effect until the divorce is final or until the court decides on a final measure.

This is a question of international jurisdiction. In other words: is the Dutch court competent to hear the case?

In the Netherlands, as a member state of the European Union, the regulation “Brussels IIa” is directly applicable. The rules of jurisdiction are the same throughout the EU (except Denmark). According to article 3 of Brussels IIa, the Dutch courts have jurisdiction in the following cases:

• if both spouses have their habitual residence in the Netherlands;
• if both spouses had their habitual residence in the Netherlands and one of them still resides here;
• if the defendant has his/her habitual residence in the Netherlands;
• in the event of a joint application for divorce: if one of the spouses has his or her habitual residence in the Netherlands;
• if the applicant has his/her normal residence in the Netherlands and this has been the case for at least 1 year;
• if the applicant has his/her normal place of residence in the Netherlands and this has been the case for at least 6 months and the applicant has Dutch nationality;
• if both spouses have Dutch nationality.

Whether you can start divorce proceedings in your country of origin depends on the rules of private international law in that country. We can help you get in touch with a lawyer in our network abroad.

According to international rules, it is not possible to initiate divorce proceedings in two countries at the same time.

In international cases, the court will have to determine which law applies. This must be determined for each separate aspect of the divorce: the divorce itself, measures for the children, alimony and the division of property.

For divorce, article 56 of Book 10 of the Civil Code applies. This article states that Dutch law applies to every divorce case brought before the Dutch courts.

However, if the spouses have a common nationality, they can request the court to apply the law of their common foreign nationality.

According to article 151 of Book 1 of the Dutch Civil Code, there is only one ground for divorce: irretrievable breakdown. If one of the spouses claims that the marriage has irretrievably broken down and the other spouse does not object, the court will pronounce the divorce.

Yes, provided that the decision was made by a court or administrative body that had jurisdiction.

Nevertheless, a foreign divorce will also be recognized if both spouses implicitly or explicitly agree to the divorce.

Parents who separate, regardless of whether they are married or not, are required to draw up a parenting plan. In this agreement, the parents arrange all the consequences of their separation for the children.

The mandatory points in a parenting plan are:

• • an agreement on parental authority (i.e. decision-making). By law, parents retain joint parental authority after divorce. A parent can petition the court for sole custody, but this is rarely granted;
  • the main residence of the children (with which parent will the children be registered with the municipality);
  • the division of care for the children;
  • an arrangement for how and how often the parents will discuss the children's well-being;

Parents are required to support their children financially until they are 21 years old. The obligation applies to the other parent until the children are 18 years old. Between 18 and 21 years old, parents can pay the child directly.

Parents are required to contribute to the costs of the children in proportion to their ability to pay. However, it is possible to deviate from the law and make an arrangement among themselves.

The two most important components in calculating child support are 'need' and 'ability to pay'. Need is the budget that parents must provide to cover all the costs of the children. Specific tables are used to determine this. Depending on the net disposable income during the marriage and the age of the children, an amount can be read from the tables. Another method is to manually calculate what the children cost based on payments that the parents have made for them.

After determining what the children need, it is calculated what both parents can contribute to that need. First, the net disposable income (NBI) is determined. Then, the capacity to pay is calculated according to the formula: 70% x NBI – (NBI x 0.3 + 1310).

The NBI x 0.3 (1/3 of net income) is assumed as housing costs. The € 1,310 is intended for daily expenses. Finally, the NBI is reduced by housing costs and daily expenses. Of the remaining amount, 70% is available for child support.

The parents' ability to pay is weighed against each other to determine what each of them must pay.

The parent whose children do not have their primary residence receives a discount for the time he/she takes care of the children. This is a percentage of the need:

• 5% if the children spend an average of less than 1 day per week with that parent;
• 15% if the children spend an average of 1 day per week with that parent;
• 25% if the children are with that parent an average of 2 days per week;
• 35% if the children are with that parent an average of 3 days a week.

The care discount is deducted from the amount that must be paid to the other parent as child support.

If you and your partner have joint custody, you cannot move back to your country of origin with your children without the consent of the other parent. You are free to move back to your country of origin yourself, but you are not allowed to take the children with you. This is considered international child abduction.

If you and the other parent cannot agree on a particular issue, such as moving, it is possible to ask the court to make a decision.

When requesting the court in a relocation procedure, one important rule applies: the court will make a decision that is in the best interests of the children. A parent must have the freedom to move with the children, but the interests of the other parent are also taken into consideration. Ultimately, a decision is made based on the following criteria:

• the need to move;
• the extent to which the move has been thought through and prepared;
• the alternatives and measures that the relocating parent offers to reduce the negative consequences of the move for the children and the other parent;
• the question of whether the parents are able to communicate together;
• the right of the surviving parent and the children to continued contact with each other in a familiar environment;
• the division of care tasks and the continuity of care;
• the frequency of contact between the children and the other parent before and after the move;
• the age of the children, their opinions and the extent to which the children are rooted in their environment or are accustomed to moving;
• the additional costs of handling after the move.

It is very difficult to predict whether a request will be granted, as the specific circumstances must be weighed up in each case.

Spousal support can be requested in connection with divorce proceedings or by means of a separate request. According to Dutch law, only married couples can request spousal support. There is no legal obligation for cohabitants to pay each other alimony, unless they agree in writing to do so.

The Dutch courts have jurisdiction in the following cases:

• if the defendant has his/her habitual residence in the Netherlands;
• if the person applying for maintenance has his/her main residence in the Netherlands;
• in divorce proceedings;
• if the parties choose the Dutch courts as competent court, although this has limitations.

If the person claiming maintenance has his/her habitual residence in another country, it is likely that the court will apply foreign law to the maintenance. We can help put you in touch with a lawyer in our network abroad to obtain information about foreign jurisdiction and applicable law.

In alimony proceedings, there are two main components: “need” and “ability to pay.” In short, “need” is how much money each spouse will need after the divorce. This is usually calculated using the 60% rule. Each spouse needs 60% of the total net income during the marriage. This percentage is used because two households are usually more expensive than one household with two people.

If both spouses have sufficient income (or assets) to provide for their own needs, there is no basis for spousal support. If this is not the case, the spouse who does not earn enough can apply for alimony.

The question of whether an amount is awarded depends on whether the other spouse has the capacity to pay. This is calculated using the following formula: 70% x NBI – (NBI x 0.3 + 1310)

The NBI x 0.3 (1/3 of net income) is assumed as housing costs. The € 1,310 is for daily expenses. Finally, the NBI is reduced by housing costs and daily expenses. Of the remaining amount, 60% is available for spousal support. If applicable, child support is first deducted from the capacity to pay.

It is important to know that according to Dutch law alimony is tax deductible. However, the spouse who receives alimony must pay income tax. This is included in the calculations.

The general rule is that alimony is paid for half the duration of the marriage, with a maximum of 5 years.

There are a few exceptions that extend the duration of spousal support:

• alimony lasts until the youngest child is 12 years old;
• if the marriage has lasted more than 15 years and the person requesting maintenance reaches retirement age within 10 years, maintenance will continue until the person reaches retirement age;
• If the marriage lasted longer than 15 years and the person requesting maintenance was born before January 1, 1970, the duration is 10 years.

Maintenance payments end if the spouse receiving maintenance remarries, registers his/her partnership or cohabits with a new partner, as if they were married.

It is difficult to determine which law applies to the division of assets. This depends mainly on when the marriage took place and what the circumstances were at that time.

• For most marriages concluded before 29 January 2019, the 1978 Hague Convention applies;
• For marriages concluded after 29 January 2019, the EU regulation applies.

According to both instruments, matrimonial property is regulated by:

• the law designated in the prenuptial agreement (before or after the marriage);
• the law of the spouses' first common residence after marriage;
• the law of the country of the spouses' common nationality.

In 2018, the Dutch matrimonial property law was amended. For marriages concluded before 2018, the old rules of community of property apply. For marriages concluded after 1 January 2018, the new rules apply, unless the spouses have chosen to deviate from this in a prenuptial agreement (before or after the marriage).

The community of property before 2018 was a general community of property. All assets and debts were assumed to be jointly owned, regardless of which spouse had the asset(s) or debt(s) before the marriage. However, there are some exceptions, such as inheritances and gifts received with the declaration that the inheritance or gift does not become joint property, but remains the property of the receiving spouse alone: an “exclusion clause”. At the end of the marriage, the community of property is divided 50/50. It is almost impossible to divide the assets unequally, because the tax authorities could consider this as a “gift” and tax must be paid on the excessive amount received.

The new community of property, which has been in effect since 2018, excludes, in short, premarital possessions, as well as inheritances and gifts. What was acquired during the marriage is considered common property and must be divided upon the dissolution of the marriage.

No, pensions are considered a separate asset component. In the event of a divorce, they are not divided together with the other assets.

If Dutch law applies to the division of assets, or if the pensions were built up through work in or for the Netherlands, the Pension Rights Equalization Act applies. According to this law, pensions built up during the marriage must be divided. Each spouse receives half of the pension built up by the other spouse from the date of marriage to the date of divorce. However, this is not divided immediately. The pension insurer pays the pension to each spouse as soon as the insured spouse reaches retirement age.

It is possible to deviate from the main rule. One can exclude the applicability of the Pension Rights Equalisation Act or choose another method of equalisation. It is advisable to seek specialist advice before making a final choice.