Divorce & separation in the Netherlands

Just as there are several options for couples to legally formalise their relationships in the Netherlands, there are different ways to end that relationship as well. Here’s what you need to know about divorce in the Netherlands: how to end a marriage, registered partnership or cohabitation agreement. 

Getting a divorce in the Netherlands 

If you wish to end your marriage, you must submit a petition for divorce to a court through a lawyer. 

There are three ways for married partners to separate in the Netherlands:

• Divorce
• Legal separation
• Dissolution of marriage after legal separation 

Divorce (echtscheiding)

A divorce terminates the relationship and any legal ties which existed immediately upon its conclusion.

The only grounds for divorce in the Netherlands is “irreparable breakdown of the marriage”, meaning that neither partner is considered “at fault” in divorce proceedings. Only a court can pronounce a divorce. 

Legal separation (scheiding van tafel en bed)

In the case of a legal separation, you and your partner remain married in the eyes of the law but are free from the obligations required and rights afforded to you when married. 

Dissolution of marriage (ontbinding van het huwelijk)

After a time (normally between one and three years), a legal separation can be dissolved, resulting in a full divorce.

Can I get divorced in the Netherlands?

It’s worth noting that you can only get a divorce in the Netherlands if a Dutch court has jurisdiction. This is the case if: 

• You and/or your partner have Dutch citizenship
• You and/or your partner live in the Netherlands

If you are not sure if this applies to you, it’s worth consulting a family lawyer. 

Steps to getting a divorce or legal separation

There are several steps in divorce/separation proceedings in the Netherlands, which vary depending on the situation. 

This includes:

• Whether you have children
• Whether you are both filing for divorce (joint application) or only one partner wishes to get divorced (unilateral application)

Filing a joint divorce application with a single mediator

The easiest route to getting a divorce in the Netherlands is to file a joint application via a joint lawyer/mediator. 

The lawyer/mediator works with both you and your spouse to come to an agreement that covers: 

• Division of marital property
• Alimony
• Custody of children (if applicable) 

Your lawyer then submits this agreement to the court. The court then simply issues a divorce decree that you both need to sign. This dissolves your marriage or civil partnership without you needing to go to court. 

Filing a joint divorce application with two mediators

If this method proves unsuccessful or if you do not wish to go down this route, you can still opt for a relatively simple divorce process without having to go to court. 

The second option is for you and your partner to each engage your own lawyers and work together to reach a divorce agreement. This can all be done in writing or via formal meetings between you, your partner, and both your lawyers. 

Once an agreement has been reached, as above, it is submitted to the court, and a divorce decree is issued. There is no need for a court hearing. 

Filing a unilateral divorce application

If your spouse disagrees with the divorce or you, as a couple, cannot settle on a divorce agreement, you can still file for divorce by submitting a unilateral petition to the court. A lawyer must do this on your behalf. 

Your partner will receive a copy of the unilateral petition and then has six weeks to file a defence. They will also need to engage a lawyer for this. 

If you and your lawyers cannot reach an agreement on dividing your belongings and money, the court can step in to decide. You and your spouse will receive a summons to a (private) court hearing. You will both have the opportunity to present your cases before the court makes a decision. 

A few weeks after your hearing, you will receive the judge’s decision. If you disagree with the ruling, you or your spouse can appeal the ruling within three months. Otherwise, you can sign the divorce decree to finalise the dissolution of your marriage.  

Extra steps if you have children

If you and your partner have children, you will need to submit a parenting plan (ouderschapsplan) as part of your divorce petition.

A parenting plan is a document that lays out agreements the divorcing couples have reached about the care and upbringing of their minor children, including details like:

• The division of responsibility for the children's upbringing.
• The sharing of expenses related to the children's upbringing.
• How important decisions in the child's life will be made.

Children must be involved in the drawing up of parenting plans in a way that is appropriate for their age. 

Registering your divorce with the municipality

Whichever route you go down, when your divorce is settled, the court will issue a divorce decree. To finalise your divorce, you need to have it recorded in the registry of births, deaths, marriages and civil partnerships in the municipality where you were married.

You can either do this yourself or have your lawyer do it on your behalf. 

What do I need to arrange?

The Dutch government has a useful widget on its website that outlines exactly what you need to arrange for your divorce or separation.

Cost of divorce proceedings in the Netherlands

There are several costs involved in getting divorced in the Netherlands, which you should be aware of:

• Court fees: You have to pay court fees to file a petition for divorce. If you cannot agree and need a court hearing, your fees will be higher. 
• Legal fees: You need a lawyer to file your divorce petition. You can save money if you and your partner use the same lawyer, but this is not always possible. 
• Mediation fees: You may also wish to engage a mediator to help you and your partner make arrangements. 

If you have legal insurance, your insurance provider might reimburse you for some of these costs, depending on the specifics of your policy. 

Maintenance & pensions

Following a divorce or legal separation, there are a number of rules which govern the division of pension funds and the payment of maintenance. 

Maintenance

If one half of the couple is unable to support themselves following the separation, the other half is obliged to provide partner maintenance. The amount of maintenance is usually agreed in consultation with a mediator or lawyer. If you cannot agree, the court will set the amount. Note that maintenance is adjusted once per year in line with salary increases (indexation). 

As of January 1, 2020, partner maintenance is paid for up to five years, but this period may be shorter if the marriage or civil partnership lasted for less than 10 years. In such cases, the maximum duration of maintenance payments will be half the length of time the marriage/partnership lasted. 

There are some exceptions to this: 

• If you have children together, partner maintenance must be paid until the youngest child reaches the age of 12.
• If the marriage/partnership lasted for at least 15 years and the ex-partner receiving maintenance is within 10 years of reaching statutory pension age, maintenance must be paid until they become eligible for their pillar one pension.
• If you were born before January 1, 1970, and your marriage/partnership lasted for more than 15 years, and you will not be eligible for your state pension for more than 10 years, then maintenance must be paid for 10 years.

You can stop paying maintenance if your ex-partner:

• Once again has sufficient income to support themselves
• Marries, enters into a civil partnership or cohabits with someone else
• Dies 

Pension division

If you divorce or legally separate, each partner is entitled to half of the pension jointly accrued during the relationship. You should make arrangements for how your pension will be split in your divorce agreement. 

Note that if you divorce or separate, the amount of state pension you are entitled to changes. If you live alone, your pension will be 70% of the net minimum wage.

Ending a registered partnership or cohabitation agreement

If a couple wishes to end their registered partnership, the process can be straightforward as long as there are no children involved. If the partners have children, the procedure must be conducted as if it were a divorce, as above. 

If no children are involved, the partners simply draw up an agreement in the presence of a lawyer or notary, which is then filed with the local municipality. There is no need to go to court.

Couples entering into a cohabitation agreement in the Netherlands are advised to make provision for the procedure to follow in the event the relationship ends. If this is the case, the procedure outlined should be followed.

If a couple living together without any agreement wishes to separate, a division of property and inventory, as well as a decision on the future use of the shared property, should be agreed upon. However, there is no provision in Dutch law for how this should be done. 

Divorce rate in the Netherlands

There has been a sharp increase in the divorce rate in the Netherlands since the 1960s: in 1965, 6.000 couples dissolved their marriages; by 1984, that had risen to 34.000. As of 2024, 7,5 out of every thousand marriages broke up, according to CBS figures.