How to divorce in the Netherlands

Divorce is never easy and its international aspects can add an extra layer of complexity. It is important to determine which matters can and cannot be settled in the Netherlands, as well as to investigate which law applies to issues such as the marital property regime.

In the Netherlands, there are various ways to arrange a divorce, each with its own advantages and disadvantages. Below the main methods of divorce in the Netherlands, so you can make an informed choice that fits your unique situation.

1. Mediation

Mediation is a common way to get divorced in the Netherlands, especially for couples who wish to part ways in a constructive way. In mediation, a neutral (lawyer) mediator works with both parties to reach agreements on important matters such as the financial settlement of the divorce, alimony and, if there are children involved, of course arrangements which involve the care of the children.

Several advantages to mediation are:

• Flexibility: Mediation offers the flexibility that a court procedure cannot provide. The parties can schedule meetings at times that work best for them and adjust the agreement to their specific needs.
• Future-oriented: Mediation makes it possible to discuss various issues that often have less room for discussion in a court procedure. This often leads to greater acceptance and agreements that focus on the future.
• Time savings: A divorce process through the court can take months or even more than a year. Mediation can significantly expedite this process.

2. Collaborative Divorce

In a collaborative divorce, both partners choose to part ways in a constructive and respectful manner. This is done with the help of specialised professionals, such as lawyers, a coach, and often a financial advisor. Without the intervention of a judge, this team of professionals engages in discussions to find solutions that are legally and financially feasible and provide future perspective for both parties.

The advantages of a collaborative divorce include:

• Conflict avoidance: A significant benefit is that it reduces the likelihood of conflicts, both during the divorce and in the future. Both parties share the same intention to separate in a peaceful manner.
• Individual lawyers: Unlike mediation, where an independent mediator is involved, each party in a collaborative divorce has their own lawyer. This ensures that both parties receive expert advice and support, safeguarding their interests—both legally and otherwise. Because both parties are supported by their own lawyer, both feel empowered in negotiations and an equal situation is created, within which it is also possible to reach good agreements.
• Future-oriented solutions: Collaborative divorces focus not only on ending the marriage but also on creating a sustainable foundation for the future, especially when children are involved. This can help foster a positive co-parenting situation and prevent future disputes.

3. Negotiation through Lawyers

It is also possible to choose to negotiate through lawyers. This means that each party hires a lawyer who negotiates on their behalf regarding the terms of the divorce.

The advantages of this form of legal assistance include:

• Professional representation: Both parties have their own lawyer who advocates for their interests.
• Possibility of litigation: If parties fail to reach an agreement through their lawyers, initiating court proceedings is just a small step further. The lawyers are already familiar with the details and can proceed swiftly in starting a court procedure.

4. Court Procedure

If there is no basis for further discussion or negotiation, a court procedure may be necessary. This means that the case is brought before a judge, who will then make decisions regarding the divorce and related matters such as concerning the children and the financial settlement of the marriage.

There are also benefits to a court procedure, such as:

• Binding decision: A definitive decision is made. The judge makes a final ruling that both parties must comply with, although there is the possibility for an appeal.
• Clarity: For some couples, it can be comforting to gain clarity through a legal ruling.

Conclusion

In the Netherlands, there are various ways you can legally go through the divorce process. Engaging expert guidance, such as lawyers or mediators who have experience in international divorces, can help you make the process go more smoothly. Take time to consider your options and choose the approach that best suits your personal situation and needs.

Are you going through a divorce in the Netherlands? Feel free to contact our skilled team of lawyers and mediators. We are here to assist you, we can work it out. Call 070 361 50 48 or go to www.gmw.nl/en

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