How long a divorce takes in the Netherlands depends mainly on one thing: whether you file a joint petition or one of you files against the other. An uncontested joint petition, with the divorce covenant and any parenting plan already agreed, can often be decided by the court on the papers, within a few weeks of filing. A contested divorce takes months, and longer still where there are disputed valuations, expert evidence or an international element.
Which phase determines the timetable?
The preparation phase. This is where you have the most control over how long the whole process takes.
Preparation covers gathering the financial information and agreeing the arrangements for the children, the house, the pensions and maintenance. It ends with the covenant and, if you have minor children, the parenting plan. Where both spouses work through this constructively, it can take a few weeks. Where every item is disputed, there is no fixed end date.
Documents from third parties take time. Pension administrators, mortgage lenders and valuers often respond more slowly than people expect. Request these documents at the start, not at the end. That alone can shorten the whole process.
Who files the petition, and what happens at court?
A lawyer files the petition; this is mandatory, also for a joint petition. In a joint petition one lawyer can act for both of you, and the court can decide without a hearing.
A mediator can help you reach the agreements, but cannot file the petition. In a unilateral petition, the other spouse receives the petition and has six weeks to file a statement of defence (verweerschrift). If a defence is filed, the court schedules a hearing. How long you wait for that hearing depends on the workload of the court, and is usually a matter of months rather than weeks.
Some matters cannot wait for the final decision, such as the use of the home, interim maintenance or where the children will live. Your lawyer can ask the court for interim provisions (voorlopige voorzieningen) on these points. Such requests are dealt with relatively quickly.
How long is the appeal period after the decision?
Three months. During that period either spouse can lodge an appeal, unless you both waive that right.
You waive the right to appeal by signing a deed of acquiescence (akte van berusting), declaring that you will not appeal. You then do not have to wait out the three months, and the divorce can be registered straight away. This is one of the practical advantages of a joint petition.
ವಿಚ್ಛೇದನ ಯಾವಾಗ ಅಂತಿಮ?
Only when the decision is registered in the register of civil status (burgerlijke stand). Until then, you are still legally married.
Registration must take place within six months of the decision becoming final. If that does not happen, the decision lapses and you have to start the whole procedure again. This is a real trap in amicable divorces, where both spouses assume the matter is finished once the decision arrives. Make sure someone is clearly responsible for the registration.
What usually causes delay?
Four factors cause most of the delay. Only the last of them is a choice you make at the outset.
- Incomplete financial information.
- Disagreement about the house, where the outcome also depends on whether the lender is willing to release one spouse from the mortgage.
- The division of pensions.
- Communication through two separate lawyers instead of one lawyer or mediator for both spouses.
Where can you read more?
ನಮ್ಮ ಲೇಖನ ಬೇಗನೆ ವಿಚ್ಛೇದನ ಪಡೆಯುವುದು ಹೇಗೆ sets out what you can do to shorten the process. Our guide on ನಿಮ್ಮ ಸಂಗಾತಿಯ ಒಪ್ಪಿಗೆಯಿಲ್ಲದೆ ವಿಚ್ಛೇದನ ಏಕಪಕ್ಷೀಯ ಮಾರ್ಗವನ್ನು ಒಳಗೊಳ್ಳುತ್ತದೆ.
ಸಂಕ್ಷಿಪ್ತವಾಗಿ
- A joint petition with agreed arrangements can be decided within a few weeks of filing; a contested divorce takes months.
- A lawyer must file the petition, also for a joint petition; a mediator cannot.
- In a unilateral procedure, the other spouse has six weeks to file a defence.
- The appeal period is three months, unless both spouses sign a deed of acquiescence.
- The divorce takes effect only on registration, which must happen within six months of the decision becoming final.
ನೀವು ಎಲ್ಲಿದ್ದೀರಿ ಎಂದು ಖಚಿತವಿಲ್ಲವೇ? ನಿಮ್ಮ ಪರಿಸ್ಥಿತಿಯ ಬಗ್ಗೆ ನಮಗೆ ತಿಳಿಸಿ. ಒಂದು ಕೆಲಸದ ದಿನದೊಳಗೆ ನಿಮ್ಮ ಆಯ್ಕೆಗಳನ್ನು ನಾವು ನಿಮಗೆ ತಿಳಿಸುತ್ತೇವೆ.
ಹೇಗೆ Law & More ಇದಕ್ಕೆ ನಿಮಗೆ ಸಹಾಯ ಮಾಡಬಹುದು ಎಂಬುದನ್ನು ನಮ್ಮ ವಿಚ್ಛೇದನ ವಕೀಲರು ಪುಟ.
