Netherlands divorce

Legal Framework

  • Dutch Civil Code (DCC) Book 1
  • Dutch Civil Procedure Code (DCPC)
  • Code of Civil Procedure

Competent Authority

  • Courts
  • Registered partners without children can use administrative procedure

Access Requirements

For Court divorce:

  • Can be requested jointly or by one spouse

For Administrative termination:

  • Only available for registered partners
  • If mutual consent
  • If no children under parental responsibility

Procedure

  1. Court Divorce:
    • Hearings not publicly accessible
    • Children aged 12+ receive invitation to talk with judge
    • Can handle all related issues
  2. Administrative Termination (registered partnerships only):
    • Declaration signed by both partners and lawyer/notary
    • Must include contract with agreements on: Maintenance; Family home; Community property; Pension rights division
    • Must be registered within 3 months
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