How does a divorce work in the Netherlands?

A divorce in the Netherlands is arranged through the courts. You always need a lawyer to submit the request. On average, a divorce takes between one and six months, depending on whether you reach an agreement.

Last checked: March 2026. Legal information may change — always check the current legislation onwetten.nl.

What does the law say?

You don't just dissolve a marriage. In the Netherlands, this requires a judge. This is stated in the Civil Code. The law says that you can divorce if the marriage has irretrievably broken down. This means: the marriage is so broken that there is no longer a reasonable chance of recovery.

You don't have to prove this. It is enough if you — or the two of you — indicate that the marriage is ready. The judge will not discuss this. He or she accepts that statement.

The legal basis for this can be found in Article 1:151 of the Dutch Civil Code (check this article onwetten.nl for the most current version). It states that permanent disruption is the only ground for divorce in the Netherlands. There is no guilt or a "guilty" party. Even if your partner does not want a divorce, you can still submit a request.

You always need a lawyer. A lawyer submits the petition to the court. This is mandatory — you cannot do this yourself. This differs from many other legal procedures, where you can sometimes act yourself.

After the judge's ruling, the divorce is not yet official. The divorce only becomes final after the decision has been registered in the civil status registers. That is a step you should not forget. If you do not do this within six months of the ruling, the ruling will lapse. The marriage then continues to exist legally. This is stated in Article 1:163 of the Dutch Civil Code (check this article onwetten.nl for the most current version).

Do you agree about the divorce and all agreements? Then we speak of a unanimous request. This is faster and cheaper. You record all agreements in a divorce agreement. It contains agreements about children, money, the home and pension distribution.

When does this apply to you?

Are you married in the Netherlands? Then these rules apply to you. Do you live in the Netherlands but were you married abroad? Then different rules may apply. Always have this checked by a lawyer.

There are two situations in a divorce:

Situation 1: You agree. Your partner also wants a divorce. You agree on the children, the money and the house. Then you submit a joint request together — through one lawyer. This is called a common request. This is the fastest route. The court usually deals with this within a few weeks.

Situation 2: You don't agree. You want a divorce but your partner is not cooperating. Or you disagree about the division of assets, alimony or the children. Then you submit a request yourself. Your partner can then put up a defense. This takes longer and costs more money.

Do you have children? Then the divorce becomes more complicated. You need to make a parenting plan. This is mandatory if you have minor children together. This contains agreements about who sees the children and when, how you make decisions and how you communicate. See the Civil Code for the exact provision about the parenting plan.

Are you a registered partner instead of married? Then the dissolution works a little differently. This can sometimes be done without a judge, via the municipality. But here too there are conditions attached. Consult a lawyer to find out which route applies to you.

Do you live together without marriage or registered partnership? Then you don't need a divorce. But you may have agreements about a cohabitation contract, joint assets or children. Legal advice is also wise for this.

Step-by-step plan — what can you do now?

1. Decide whether to go together or alone. Talk to your partner if possible. A joint request is faster and cheaper than a unilateral procedure.
2. Find a divorce lawyer. This is mandatory. Compare lawyers by price and approach. Some lawyers specialize in mediation, others in conflict separation.
3. Make a divorce agreement (if you agree). Record all agreements in writing. Think of the house, bank accounts, pension and alimony.
4. Draw up a parenting plan (for children). This is mandatory. Describe how the care for the children will be divided.
5. The lawyer submits the petition to the court. The judge