Divorce, child custody, international parental disputes, prenuptial agreements and inheritance matters.
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If you and your spouse are from different countries, EU Regulation Rome III may determine applicable law. A family lawyer can advise on your specific situation.
Courts prioritise the child's best interests. International custody disputes may involve the Hague Convention. Always use a specialist family lawyer.
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Find My Lawyer in 60 SecondsDutch family law is codified in Boek 1 van het Burgerlijk Wetboek (BW) (Arts. 1:1-1:488): marriage (Arts. 1:30-1:99), divorce (Arts. 1:149-1:166), registered partnership (geregistreerd partnerschap, Arts. 1:80a-1:80e), and parental authority and maintenance (Arts. 1:241-1:431). Family court proceedings use the verzoekschriftprocedure (petition procedure) at the Rechtbank sector familierecht. The Netherlands allows same-sex marriage since 2001 (first country in the world to do so legally).
| Route | Legal Basis | Court Fee (griffierecht) | Timeline | Notes |
|---|---|---|---|---|
| Gemeenschappelijk verzoek (joint petition) | BW Art. 1:150 lid 1 | EUR 318 (2025 griffierecht) | 2-6 months | Both spouses sign echtscheidingsconvenant (settlement agreement on finances, custody, maintenance); notarial deed for property division |
| Eenzijdig verzoek (unilateral petition) | BW Art. 1:150 lid 1 | EUR 318 + respondent fee EUR 318 | 6-18 months | Only ground: duurzame ontwrichting (irretrievable breakdown); no fault-based system; one party's assertion of breakdown is sufficient |
| Flitsscheiding (fast dissolution of registered partnership) | BW Art. 1:80c | Notary only (~EUR 500-1,000) | 1-4 weeks | Registered partnerships (not marriages) can be dissolved by mutual consent before a notaris without court involvement; available for couples without minor children or disputed issues |
Since 1 January 2018, the Netherlands no longer has a community of all property (algehele gemeenschap van goederen) as the default. The new default regime is beperkte gemeenschap van goederen (limited community of property): assets acquired during the marriage are jointly owned; pre-marital assets, inheritances, and gifts remain separate (BW Art. 1:94 new). Assets acquired before marriage, inherited assets, and gifts with exclusion clauses are excluded from the community. Parties may contract alternative regimes (huwelijkse voorwaarden) before a notaris: volledig koude uitsluiting (complete separation of property) or modified community arrangements.
Child maintenance in the Netherlands is calculated using the Tremanormen (Trema guidelines, updated 2025): based on the child's needs (behoefte) derived from the parents' combined net income during the relationship, and the parents' financial capacity (draagkracht). Online tools: the alimentatierekentool.nl is used by courts and practitioners. Typical range: EUR 300-900/month per child depending on income. Kinderalimentatie ends at age 18 automatically; young adults 18-21 may claim from both parents if studying (study costs). Enforcement: LBIO (Landelijk Bureau Inning Onderhoudsbijdragen) collects and enforces unpaid maintenance.
Sophie (Dutch, attorney) and Marcus (American, banker), married in 2019, divorced after 6 years. Under the post-2018 beperkte gemeenschap regime, Sophie's pre-marital savings account (EUR 45,000) and Marcus's inheritance from his mother (USD 120,000, received in 2021) were excluded from the community. The couple's joint community property: Amsterdam apartment (purchased 2019, current value EUR 720,000; mortgage EUR 400,000; net equity EUR 320,000), joint investment portfolio (EUR 85,000). Division: each received EUR 202,500 from apartment equity (after notarial deed of division, costs EUR 2,100) and EUR 42,500 from investments. Marcus's US pension (401k) was addressed via QDRO-equivalent letter to the plan administrator. Kinderalimentatie for their one child (age 4): EUR 580/month (Tremanorm calculation based on combined net EUR 12,000/month income during marriage). Joint ouderlijk gezag (joint parental authority) maintained; alternating primary residence with Sophie during school weeks.
