Process for divorce applications
Divorce Process through Mediation
Marriage is a legal agreement, and its termination is also governed by law. The specifics of the process can vary based on several factors, including whether a prenuptial agreement exists or if the couple is in a community of property arrangement.
It is crucial to handle the divorce proceedings correctly to ensure that you can move on both emotionally and legally.
Below are the key steps involved in the divorce process.
The divorce process step by step
Step 1 – Application Submission
Parties complete the mediator’s application forms in its entirety.
The forms give the mediator the information they need to start a file on your process and allow the parties to indicate their wishes with regards to the legal arrangements of the divorce.
You receive an email confirming your application along with additional details.
Step 2 – Providing Required Documentation
Submit the necessary information to us, either digitally or via traditional mail.
We acknowledge receipt and keep you updated on the status of your application.
Step 3 – Direct Communication
Our mediator reaches out to you to discuss the agreements and preferences you wish to include regarding asset division and, if applicable, the parenting plan in the official court documents. This can be done online if the parties wish.
Step 4 – Document Signing
Once you approve the documents, an appointment will be scheduled with our attorney for a final check, online or in person. You can then sign the documents at home or at our office.
It is permissible for one party to sign the documents and then mail them to the other to sign; the (ex) partners don’t have to be together when the documents are signed.
Step 5 – Court Application
Our attorney will file all documents with the court. Subsequently, you will receive the official divorce papers. The registration date will serve as the official date of divorce.
Divorce Terminology
Divorce Petition Filing
The initiation of any divorce process requires the filing of a petition. This document formally requests the court to end your marriage. You may file this petition individually or jointly with your spouse. Our attorney will handle the submission of the petition, ensuring that your spouse is notified if you are the one initiating the divorce.
Divorce Covenant
If both parties are in agreement regarding the divorce and the terms that need to be settled, these agreements can be documented. This written agreement is referred to as a divorce settlement or covenant.
Once the petition is submitted to the court through your attorney, the divorce can often be finalised within a three-month timeframe. If partners don’t agree to the terms regarding the divorce, the process may differ.
Disagreement with the Divorce
If you have initiated a divorce petition and your spouse does not consent, they have the right to contest it. Similarly, if your spouse has filed for divorce and you do not agree, you can also present a defence. This defence must be submitted within a six-week timeframe.
Hearing
Once all necessary documents are submitted, the court will schedule a hearing date. Attendance at the hearing is optional for you. If the petition was filed jointly or through mediation, there is no hearing. In cases where the petition was filed unilaterally, a hearing may not be necessary depending on specific circumstances.
Divorce Ruling
After the hearing, the judge will issue a ruling. If no there is no hearing, the ruling will be based on the petition and supporting documents, such as the marital agreement. You will receive the official order (verdict) through your attorney.
Appeal Process
Should you disagree with the court’s ruling, you have the option to appeal to the Court of Appeal, which will review your case and issue a new decision. If you are still dissatisfied with this ruling, you may appeal to the Supreme Court of the Netherlands. However, the Supreme Court will not re-evaluate the case but will ensure that the proper legal procedures were followed.
Finalising the Divorce
You are required to register the divorce decree with the civil registry within six months of its issuance. In the case of legal separation, this decree must be recorded in the marital property register within the same timeframe.
Provisional Measures
Given that divorce proceedings can be lengthy, you may request provisional measures, especially if you and your spouse cannot reach an agreement on necessary arrangements. It is not uncommon for divorce cases to extend beyond a year. Engaging a mediator can also be beneficial. A preliminary injunction allows the judge to make temporary decisions that will remain in effect during the divorce process.
Ending a Registered Partnership
If both parties agree and there are no minor children involved, it is not necessary to go to court to dissolve your registered partnership.
Start your divorce proceedings today
Use our online contact forms to start your divorce proceedings:
- Request divorce facilitation online
- Request divorce facilitation in-person
Divorce facilitation online
We revert with a confirmation of receipt of your request and the required forms to compile a preliminary file for your divorce proceedings as well as the next steps.
Divorce facilitation in-person
Once we receive your appointment request, we’ll give you a quick call to confirm your details and schedule the appointment.
Your initial appointment, the intake, is free of charge. This session gives you a clear understanding of the mediation process so you can decide if it’s right for you.
After the intake, you can decide whether to proceed with mediation. If you choose to continue, your divorce could be finalised in 2 to 3 sessions, depending on the complexity of your case. More sessions may be necessary if your family structure or marital conditions require further discussion.
In our experience, 3 sessions are typically sufficient. Some families prefer not to return to the mediator’s office once the terms of the divorce have been agreed upon during mediation. In such cases, draft documents are sent via email and discussed in an online meeting. You’re then free to sign and submit the documents at your convenience.
After the court issues a verdict ending the marriage, you’ll need to sign the Akte van Berusting (Declaration of Resignation/Agreement), indicating your agreement with the court’s decision. Following this, you can register your divorce with the Gemeente and you are officially divorced.
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