Divorce or end of registered partnership
What is it?
If you no longer want to be with your partner, you file for divorce or a termination of your registered partnership. In either case, you arrange this through a lawyer.
How does it work?
You cannot ask the municipality for permission to divorce. You must file for divorce with the court. You will need a lawyer to do this.
This is how you report a divorce:
- You are filing for divorce with the court. You will need a lawyer to do this.
- Your lawyer will send the court's decision to the municipality. You can also notify the municipality yourself. Your former partner may also do this. You do this at the municipality where you were married.
- You will send the following documents to the municipality:
- a written request for entry in the register of civil status
- proof of the court's ruling (the order)
- proof that you are not appealing the judge's decision (the deeds of acquiescence)
Once the municipality records the divorce in the civil registry, you are officially divorced.
End of registered partnership
You terminate your registered partnership through the court in the following cases:
- One of the partners wants to end the registered partnership.
- You have minor children.
If you and your partner are in agreement and you have no 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.
How long does it take?
You must make the notification within 6 months of the court's final decision.
Additional information
Your lawyer reports the divorce to the municipality. You can register the divorce only in the municipality where the marriage took place.
Interesting websites
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 subsidy on divorce