Divorce

No two divorces are alike, and there are different roads leading to a solution for your divorce: divorce mediation, collaborative divorce, litigation and/or negotiations.

The emotions a divorce arouses and the financial aspects require an approach and a strategy tailored to individual needs. It goes without saying that in this respect, you depend on the other party’s willingness to collaborate.

We will assist you by giving realistic advice. On the basis of your personal situation, you and your lawyer can together choose a divorce trajectory which you believe in.

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Dutch grounds for a divorce

In the Netherlands, the only ground for pronouncing a divorce is that the bond between the spouses has irretrievably broken down. Such an irretrievable breakdown implies that there are irreconcilable differences of opinion and that the marriage has become so troublesome that it can no longer continue. In the framework of a divorce procedure, it is sufficient that one of the spouses confirms this. The question of guilt is irrelevant, so the court will not verify who is to blame for the divorce.

How to divorce

Applying for a divorce in court is possible only through a lawyer. This is done by means of a divorce petition. Reliable prior information is essential in this context.

If you both agree to the divorce and the way in which the marriage should be wound up, you can file the petition jointly. In this case, the arrangements will form a comprehensive settlement laid down in a divorce agreement.

This divorce agreement thus contains all the arrangements concerning for instance spousal and child maintenance, the settlement of the matrimonial property or marriage contract, the pension claims and the fiscal aspects.

Sustainable settlement

We always seek a permanent and constructive settlement which is also sustainable in the future. Drafting a divorce agreement is a tailor-made service which requires specialist knowledge of family law. We prefer plain language, as the matter is complex enough as it is.

If it proves impossible to reach a divorce agreement, an ex parte petition will be filed with the court on behalf of one party. In such legal proceedings, both parties are represented by their own lawyer. It is obvious that here again, we will endeavour to reach a (comprehensive) settlement by consultation; this settlement is recorded in a divorce agreement.

If no or only partial consultation is possible, the court will be requested to rule on the individual divorce topics which are submitted, for instance spousal maintenance. In principle, the court can deliver no tailor-made decision but only allow or reject a petition. Conversely, the divorce itself will have to be pronounced by the court.

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