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🇳🇱 Netherlands

Netherlands Divorce Guide: Laws, Process & Costs

Everything you need to know about divorce in Netherlands.10 in-depth guides covering your rights, costs, and options.

Legal System

Civil law

Divorce Type

No-fault (irretrievable breakdown)

Waiting Period

None

Average Cost

€1,000–€15,000+

Property System

Since 2018: limited community (beperkte gemeenschap)

Residency

Habitual residence in the Netherlands

Divorce Law in Netherlands: Overview

The Netherlands has one of Europe's fastest and simplest divorce systems. There is no waiting period, no separation requirement, and the sole ground is irretrievable breakdown — which is accepted at face value without proof. Since the 2018 reform, the default property regime changed from full community to limited community property (beperkte gemeenschap), meaning pre-marital assets and inheritances are automatically excluded. Partner alimony is now capped at 5 years (or 12 years for marriages over 15 years or with young children). A mandatory parenting plan is required for all divorcing parents.

Key Legislation

Burgerlijk Wetboek (Civil Code) Book 1

Marriage, divorce, property, and maintenance provisions.

Wet herziening partneralimentatie (2020)

Limited spousal alimony to maximum 5 years (exceptions for long marriages/young children).

Wet beperkte gemeenschap van goederen (2018)

Changed default property regime from full to limited community.

Grounds for Divorce

  • Irretrievable breakdown (duurzame ontwrichting) — sole ground
  • No proof required — statement by one spouse is sufficient
  • No separation period needed

How to Divorce in Netherlands: Step-by-Step

1

File petition

Through a lawyer at the district court (rechtbank). Only one lawyer needed for mutual consent.

2

Parenting plan

Mandatory if children involved. Must cover residence, contact, costs, and decision-making.

3

Financial disclosure

Exchange financial information.

4

Court hearing

Often waived for mutual consent divorces. Judge reviews paperwork only.

5

Divorce decree

Beschikking issued. Must be registered in civil registry within 6 months.

Recent Legal Reforms

2020

Partner alimony capped at 5 years (12 for marriages >15 years or children under 12).

2018

Default property regime changed to limited community (pre-marital assets excluded).

2009

Mandatory parenting plan introduced for divorcing parents.

What Makes Netherlands Divorce Unique

  • No waiting period — among the fastest in Europe
  • One lawyer can handle mutual consent divorce (unlike Germany where each spouse needs their own)
  • 2018 reform created 'limited community' — pre-marital assets automatically excluded
  • Mandatory parenting plan is a model other countries are adopting
  • Partner alimony capped at 5 years (was unlimited before 2020)

Netherlands Divorce Statistics

~40% of marriages

Divorce rate

3-6 months

Average duration (mutual)

1-2 years

Average duration (contested)

~€314

Court fee

Netherlands Divorce Guides

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Legal Disclaimer: This article covers Netherlands divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Netherlands for advice specific to your situation.