Different routes to divorce in the Netherlands

Under Dutch law, a divorce petition must always be filed with the court by a lawyer. This requirement applies irrespective of whether the divorce is pursued through a joint petition, mediation or a unilateral request. As a result, legal representation is mandatory in every Dutch divorce procedure. Unlike some other jurisdictions, consent of the other spouse is not required for a divorce to be granted. The legal basis to get a divorce in the Netherlands is an ‘’irretrievable disruption of the marriage”. Once it has been established that you are able to get divorced in the Netherlands, there are, in short, three “routes” to apply for divorce, depending on the circumstances of the case and the degree of agreement between the spouses. These routes are discussed below.

Joint divorce lawyer or mediation

One route is a joint divorce petition, in which both spouses jointly instruct one lawyer. This option is only available if the spouses have reached full agreement on all aspects of the divorce. These typically include, but are not limited to, arrangements concerning the (minor)children, spousal maintenance, the division of marital assets and pension rights.

In practice, mediation is often used where the spouses are broadly willing to cooperate but have not yet reached agreement on all aspects of the divorce. With the assistance of a mediator, who can also be a lawyer, the spouses discuss outstanding matters and work towards mutually acceptable arrangements.

Once an agreement has been reached, the (mediator)lawyer records the arrangements in a divorce agreement and possibly a parenting plan, which is/are then submitted to the court together with a joint petition for divorce.

Divorce with separate lawyers

If it is not possible for the spouses to reach an agreement, each spouse will need to instruct their own lawyer. When separate lawyers are involved, negotiations between lawyers are generally the preferred approach, with the aim of reaching an amicable agreement.

A commonly used method in this context is the so-called “four-way meeting”, in which both spouses and their respective lawyers meet to negotiate arrangements. This approach ensures that each spouse is independently advised on their rights and obligations, while still striving for a negotiated solution rather than court-imposed decisions.

Court proceedings

If negotiations or mediation fail to result in agreement on one or more aspects of the divorce, a unilateral petition for divorce can be filed by a

lawyer with the Dutch court. The court will then be asked to decide on the matters that remain in dispute. In most cases, a court hearing will be scheduled so the judge can ask further clarification on some matters from the spouses and their lawyers.

Given that divorce proceedings may take a considerable amount of time, it is also possible to request provisional measures for the duration of the proceedings. These interim decisions may relate to matters such as child arrangements, spousal maintenance or the use of the family home.

International divorces

The above provides only a short general overview of the available routes to divorce. Divorces can become significantly more complex where one or both spouses own a business or when the marriage has an international dimension. In cases involving residence in multiple countries, different legal systems may apply to different aspects of the divorce.

Advice and guidance

If you require further information about an international divorce, GMW has specialised lawyers in international family law who will be glad to advise you and guide you through the process.

We can work it out!

Call +31 (0)70 3615048 or use our online form. info@gmw.nl | https://gmw.nl/en/ | Scheveningseweg 52, 2517 KW Den Haag

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