NETHERLANDS Law and Practice Contributed by: Sandra Verburgt, Petra Beishuizen and Ivo Janssens, Delissen Martens Advocaten
1. Divorce 1.1 Grounds, Timeline, Service and Process Divorce The Netherlands has had a no-fault divorce system since 1973. There is no requirement for a period of separation prior to a petition for divorce. Divorce will be granted by the Family Court on the request of one spouse if the mar - riage has broken down irretrievably or, if both spouses agree, by mutual consent. No distinc - tion is made between the nature of the marriage, as marriage is open both to heterosexual cou - ples and same-sex couples in the Netherlands. After the divorce is granted by the court, the parties must sign a waiver to appeal and also request the registration of the divorce in the Municipality Register by the Registrar of Births, Deaths, Marriages and Registered Partnerships of the municipality where they were married. The divorce may also be registered by one spouse. In such case, this spouse must wait until the end of the full appeal term, which is three months after the divorce decision is rendered. Once three months have elapsed, the spouse may register the divorce. Registration must take place no later than six months after the date on which the decision can no longer be appealed. The divorce becomes full and final only once this After agreeing on the maintenance provisions (if any), division of matrimonial assets, and pension provisions upon divorce, the spouses submit a joint petition for divorce by mutual consent – together with a divorce agreement – to the family division of the district court. The divorce agree - ment sets out all the arrangements with regard to spousal maintenance, pensions, and settlement registration has taken place. Divorce by mutual consent
of the matrimonial property regime, as well as the tax effects of these arrangements. Upon receipt of the petition and agreement, the Family Court judge will consider whether the terms of the divorce agreement are in accord - ance with the law (ie, not against public policy) and also whether the requested provisions in the joint petition are in accordance with the divorce agreement. The Family Court judge renders a divorce judgment in which the judge declares the divorce of the spouses, makes the requested provisions and attaches their divorce agreement to the decision. Divorce by mutual consent (with children) The divorce proceedings follow the same track as per divorce by mutual consent where no chil - dren are involved. There is an extra condition for the granting of a divorce, however. Together with the divorce petition, the spouses must submit a signed parenting plan – details of which can be found in 3.2 Living/Contact Arrangements and Child Maintenance . Divorce upon request of one spouse The petitioner may request for divorce and ancil - lary provisions (such as spousal support, the right to remain in the matrimonial home for six months after the divorce, and settlement of the matrimonial property regime). Pension equali - sation will be provided for by law, unless the spouses have agreed otherwise in a marital con - tract (or divorce agreement). The other spouse will be granted a term within which to respond to the petition and ancillary provisions and may also ask the Family Court to make provisions on their behalf. If the spouses have children, they should at least try to agree to the terms of a parenting plan, as mentioned earlier and elaborated upon in 3.2
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