In this guide
Going through a divorce is hard enough without the added confusion of navigating a foreign legal system. This guide covers what expats specifically need to know: who can file, the process, the court fee, children, maintenance, pensions and the practical options. It is based on Rijksoverheid and Rechtspraak information.
Important: This article is informational, not legal advice. Every divorce has unique facts. Always consult a qualified Dutch family lawyer (familierecht advocaat) for your specific situation.
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First: Can You File in the Netherlands?
According to the Rijksoverheid, you can get divorced in the Netherlands from a partner of another nationality if you live here, and the conditions depend on how you apply (Rijksoverheid):
- Joint request: you or your partner live in the Netherlands (or both do).
- Request by you alone, Dutch nationality: you have lived in the Netherlands for 6 months or more when you apply.
- Request by you alone, other nationality: you have lived in the Netherlands for 1 year or more when you apply.
- Request by your foreign partner alone: your partner has lived in the Netherlands for 1 year or more when applying.
Cross-border rules (EU rules and Dutch private international law) can add conditions, and if the courts of your home country can also claim jurisdiction there may be competing procedures. Get advice from a lawyer who handles international cases before you file anywhere.
If you file for divorce in the Netherlands, Dutch law applies, even if you married abroad (Rijksoverheid). Questions such as maintenance, property abroad or children can still involve the law of other countries, so ask a specialist.
The Divorce Process in the Netherlands
Step 1: Instruct a Dutch Advocaat
You must request the divorce from the court, and for that you need an advocaat (Rijksoverheid, Rechtspraak). You can each take your own advocaat or share one. If you agree about the divorce, you can file a joint request (gemeenschappelijk verzoek) with one advocaat.
Look for a lawyer who specialises in family law (familierecht) and has experience with international cases.
Step 2: Establish Agreement or Identify Disputes
Before filing, clarify:
- Division of marital assets (property, pension rights, savings, debts)
- Child arrangements (parental authority, where the child lives, contact)
- Child maintenance (kinderalimentatie)
- Spousal maintenance (partneralimentatie), if applicable
- Who stays in the family home
If you cannot wait for the divorce to be final, you can make temporary agreements, or your advocaat can ask the court for a temporary arrangement (tijdelijke voorziening), for example about who stays in the home or contact with the children (Rijksoverheid).
Step 3: Filing the Petition
Your advocaat files the petition (verzoekschrift) with the court. The court fee (griffierecht) for the divorce procedure is EUR 341 and must be paid within 4 weeks of filing the petition; if you do not pay in time, the court can decide not to handle the case, and you must still pay (Rechtspraak).
Step 4: Court Hearing and Order
The court handles the petition and issues an order (beschikking). Ask your advocaat what to expect in your case. If you have children, a child interview (kindgesprek) with the judge can be part of the procedure (Rechtspraak).
After the Divorce: Practical Administration
Ask your advocaat which steps apply to you. They typically include:
- Updating your registration at the gemeente (municipality)
- Telling the Belastingdienst about your new situation, because benefits and tax depend on your household
- Reporting the divorce to pension providers; you must report it within 2 years (Rijksoverheid)
- Dividing joint accounts and assets
Mediation
You can try to reach agreement with a mediator before or during the procedure. Rechtspraak notes that you pay for an advocaat and possibly a mediator on top of the court fee, and that you may receive government subsidy for the costs depending on your income and assets.
Look for a mediator registered with the MfN (Mediatorsfederatie Nederland) with family-law experience. Many advocaten also offer mediation.
Subsidised Legal Aid (Toevoeging)
The Raad voor Rechtsbijstand subsidises lawyers and mediators for people with a lower income and few assets. For 2026 it uses fiscal data from 2024 (the reference year). For an advocaat in personal and family law, a single person with a fiscal annual income up to EUR 35,400 can qualify, with an own contribution of EUR 448 to EUR 1,120 depending on income; for couples and single-parent households the limit is EUR 50,000. Box 3 assets must be below the asset limit (EUR 38,479 for 2026, subject to confirmation) (Raad voor Rechtsbijstand). Because the reference year is 2024, recent arrivals should ask the Raad or the Juridisch Loket whether the reference year can be changed.
Costs
The court fee (griffierecht) for the divorce petition is EUR 341 (Rechtspraak). Lawyers, mediators and notaries set their own fees; ask for a quote and an estimate of the total before you start. We do not give general price ranges because we found no official source for them.
Asset Division in an International Context
If you have not yet made a Dutch will, a divorce is a good moment to review it. The Dutch inheritance law guide for expats explains the default rules and how to structure a will.
The Dutch Matrimonial Property System
Dutch matrimonial property law changed on 1 January 2018.
Married before 1 January 2018 without a prenuptial agreement: full community of property (algehele gemeenschap van goederen): in general all assets and debts, including those from before the marriage, are shared.
Married on or after 1 January 2018 without a prenuptial agreement: limited community of property (beperkte gemeenschap van goederen): assets and debts from before the marriage and gifts and inheritances stay individual property, while what you acquire during the marriage is shared (Rijksoverheid; see also Rechtspraak, “Wanneer ben ik getrouwd in beperkte gemeenschap van goederen?”).
Prenuptial agreement (huwelijkse voorwaarden): signed before a Dutch notaris, it governs the division.
Pension Rights
Under the Wet verevening pensioenrechten bij scheiding, both ex-partners are entitled to half of the pension built up during the marriage. This applies if the marriage or divorce became final after 30 April 1995, and you must report the divorce to the pension provider within 2 years. You can agree a different division or waive it in a prenuptial agreement or divorce agreement (Rijksoverheid). Foreign pension rights may be governed by foreign rules.
Property
If you own a Dutch home together, the settlement must say what happens to it: sell and divide the proceeds, or one partner buys out the other. A notaris is needed to transfer title. For property in another country, check the rules of that country.
Children: Parental Authority, Maintenance and Relocation
Parental Authority and the Parenting Plan
If you have minor children together, you must draw up a parenting plan (ouderschapsplan) with agreements about care and upbringing, the division of costs and how you inform and consult each other (Rijksoverheid, Rechtspraak). After a divorce both parents normally keep parental authority, unless the court decides otherwise.
Child Maintenance
You remain jointly financially responsible for your children under 21. Child maintenance applies until the child is 21, and from age 18 the child receives it directly (Rijksoverheid). The amount depends on the costs for the children and your incomes. Courts use the guidelines of the Expertgroep Alimentatie (the “Trema” report) published by Rechtspraak. Agreements are put in the parenting plan and checked by the court.
Taking a Child Abroad
If you share parental authority and want to move abroad with your child, you need the other parent’s permission. If they refuse, you can ask the court for replacement permission; an advocaat is required. The court weighs, among other things, the need for the move, how well it is prepared, alternatives and the child’s right to continued contact with the other parent (Rechtspraak). Taking a child abroad without permission can have serious legal consequences.
If a child has been taken abroad without your consent, the Dutch Central Authority for international child abduction can help.
Spousal Maintenance
Partner maintenance (partneralimentatie) agreed or set since 1 January 2020 lasts at most 5 years. If the marriage or partnership lasted less than 10 years, it lasts half as long as the marriage (for example 4 years after 8 years of marriage). There are three exceptions: if you have children together, it ends when the youngest child turns 12; if the marriage lasted more than 15 years and the recipient will receive AOW within 10 years, it ends when the AOW starts; and if the marriage lasted more than 15 years and the recipient was born on or before 1 January 1970 and receives AOW in more than 10 years, it lasts 10 years. In case of overlap the longest term applies. You can agree a shorter or longer period in writing, and the recipient can ask the court to extend it (Rijksoverheid).
International Divorce: Key Complications
Multiple Courts
If you and your spouse have different nationalities or live in different countries, more than one court may claim jurisdiction. Get advice before you file anywhere.
Recognition of Foreign Divorces
If you were divorced abroad, check with the gemeente or a lawyer whether and how the divorce is recognised in the Netherlands. Rechtspraak also issues a certificate for Dutch divorces to use in other EU countries (Brussel II).
Income Tax After Divorce
According to the Belastingdienst, partner maintenance you pay can be deducted from your income (in 2026, for incomes from EUR 78,426 at a maximum of 37.56%), and partner maintenance you receive counts as income in your tax return. Child maintenance cannot be deducted and, for a child under 21, is not taxable income for the recipient. Benefits (toeslagen) depend on your income and household, so update your details after a divorce.
Finding the Right Legal Help
Checklist When Choosing a Family Lawyer
- Specialises in family law (familierecht)
- Has experience with expat and international cases
- Speaks English (or your language)
- Is transparent about fees; ask for a written estimate
- Can advise on mediation as an alternative
- Is registered with the Dutch Bar (Orde van Advocaten)
Resources
- Orde van Advocaten: Find a lawyer
- MfN Mediatorsfederatie: Find a mediator
- Rechtspraak.nl: Divorce
- Raad voor Rechtsbijstand: Legal aid
- Centrale Autoriteit Child Abduction
- Government.nl: Marriage and partnership dissolution
Related articles
Frequently Asked Questions
Do I need a Dutch lawyer to get divorced in the Netherlands?
Yes. A divorce is requested from the court (rechtbank) and you need an advocaat (lawyer) to file the petition. You can each take your own lawyer or share one, and if you agree on the divorce you can file a joint request with one lawyer (Rijksoverheid, Rechtspraak).
How long does a Dutch divorce take?
The time depends on the court, on whether you file jointly and on whether you agree on children, property and maintenance. Ask your lawyer for an estimate based on the court that will handle your case; this guide does not give a general duration.
Can Dutch courts handle my divorce if I am not Dutch?
Often yes. According to the Rijksoverheid, you can file jointly if you or your partner live in the Netherlands. If you file alone and have Dutch nationality, you must have lived in the Netherlands for 6 months or more when you apply; if you do not have Dutch nationality, 1 year or more. These are summaries of the rules; ask a lawyer how they apply to you.
Which country's law applies to my divorce, Dutch law or my home country's law?
The Rijksoverheid says that if you file for divorce in the Netherlands, Dutch law applies, even if you married abroad. Jurisdiction (which court) and the law that applies to maintenance, property or children can be separate questions in a cross-border case, so ask a specialist family lawyer.
What happens to our Dutch property and assets in a divorce?
It depends on your marital property regime. Since 1 January 2018 the default for Dutch marriages is limited community of property (beperkte gemeenschap van goederen); for marriages before that date and without prenuptial agreement the default is full community of property. A prenuptial agreement (huwelijkse voorwaarden) takes precedence. Pension rights built up during the marriage are normally divided equally (Wet verevening pensioenrechten bij scheiding).
How are children and custody handled in a Dutch divorce?
If you have minor children together you must draw up a parenting plan (ouderschapsplan). Both parents normally keep joint parental authority after a divorce unless the court decides otherwise. With joint authority you need the other parent's consent, or the court's replacement permission, to move abroad with the child (Rechtspraak).