Divorce or end of registered partnership

How does it work?

If you are married, there are 3 ways you can divorce your partner:

• In a divorce, the marriage is terminated. By law, this breaks all ties between you and your ex-partner.
• In a legal separation, you are separated but remain married under the law. The rights and obligations of the marriage continue to apply. A legal separation can be a solution if your religion does not allow you to divorce. Or if you do not want a divorce for financial reasons.
• After a legal separation of at least 3 years, you can have your marriage dissolved. Your marriage is then permanently terminated. By law, this breaks all ties between you and your ex-partner.

End of registered partnership

You terminate your registered partnership through the court in the following cases:

• 1 of the partners wants to end the registered partnership.
• You have minor children.

If you and your partner are in agreement and you do not have minor children, you do not have to go through the courts.

What to do?

• Choose a lawyer. If you are filing for divorce together with your partner, 1 attorney is enough. If you do not file for divorce together or if you and your partner disagree, you both choose your own lawyer.
• Your lawyer files for divorce with the court with a petition. Your lawyer will draft this petition with you.
• You can ask for a side provision in the petition. This is an agreement related to the divorce. For example, about access to the children.
• If only you file for divorce, your partner will receive a copy of your petition.
• Your partner can object to the divorce. This is called "objecting.
• If the judge has made a ruling, you will be sent that decision through your attorney. This is called an order. Your lawyer will register the decree with the municipality where you were married within 6 months. Only then you are legally separated. This also applies to a dissolution of marriage after a legal separation.
• A legal separation is final when the order is entered in the matrimonial registry within 6 months. To do so, contact the Municipal Clerk’s Office of the court.

Ending registered partnership without a judge

• Choose a lawyer or notary public.
• At the lawyer or notary, you and your partner make an agreement. The agreement states that you want to end the registered partnership. You will also make agreements about, for example, spousal support and pension.
• Have your lawyer or notary register the agreement with the municipality where your partnership is registered within 3 months. Only then are you separated before the law.

Ending registered partnership through the courts

This is done in the same way as a divorce.

Additional information

Do you want help from a mediator or lawyer but can't afford them? Then sometimes the government will help pay the costs. This is called subsidized legal aid. The Council for Legal Aid arranges this.

With the so-called addition, you can check to see if you are entitled to a divorce grant.