Divorce or dissolution of a registered partnership
What is it?
If you no longer wish to be with your partner, you can file for a divorce or dissolve your registered partnership. In both cases, you will need to go through a lawyer.
How does it work?
If you are married, there are three ways to divorce your spouse:
- A divorce terminates the marriage. Under the law, this severs all ties between you and your former spouse.
- In a legal separation, you are living apart but remain married under the law. The rights and obligations of marriage continue to apply. A legal separation may be a solution if your religion does not allow you to divorce, or if you do not want a divorce for financial reasons.
- After living separately for at least three years, you can have your marriage dissolved. Your marriage will then be definitively ended. Under the law, this severs all ties between you and your former partner.
Termination of a registered partnership
You can dissolve your registered partnership through the courts 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 do not have any minor children, you do not need to go through the courts.
What should I do?
- Choose a lawyer. If you and your partner are filing for divorce together, one lawyer is sufficient. If you are not filing for divorce together or if you and your partner do not agree with each other, you should each choose your own lawyer.
- Your lawyer will file for divorce with the court by submitting a petition. Your lawyer will draft this petition together with you.
- In the petition, you can request a collateral provision. This is an agreement related to the divorce. For example, regarding visitation rights with the children.
- If you are the only one filing for divorce, your spouse will receive a copy of your petition.
- Your spouse can object to the divorce. This is called "filing a defense."
- Once the judge has issued a ruling, you will receive the decision through your lawyer. This is called a court order. Your lawyer must file this order with the municipality where you were married within 6 months. Only then are you legally separated. This also applies to the dissolution of a marriage following a legal separation.
- A legal separation becomes final once the court order is entered in the matrimonial property register ( ) within six months. To do so, please contact the Municipal Clerk’s Office the court.
Termination of a registered partnership without court proceedings
- Choose a lawyer or notary.
- You and your partner will draw up an agreement with a lawyer or notary. The agreement states that you wish to terminate your registered partnership. You will also make arrangements regarding matters such as spousal support and pensions.
- Have your lawyer or notary register the agreement with the municipality where your partnership is registered within 3 months. Only then will you be legally separated.
Termination of a registered partnership through the courts
This works the same way as in a divorce.
How long does it take?
The judge will issue a ruling a few weeks after the hearing. The exact number of weeks depends on how the case proceeds. At the end of the hearing, the judge will let you know approximately how many weeks you should expect to wait.
The municipality will register the court's ruling or the statement as soon as possible.
Additional information
Do you need help from a mediator or lawyer but can’t afford it? In that case, the government may help cover the costs. This is called subsidized legal aid. The Legal Aid Board handles this.
Using the so-called "add-on," you can check whether you are eligible for a subsidy in the event of a divorce at .