Divorce or termination of registered partnership

How does it work?

If you are married, there are three ways to divorce your partner:

• A divorce terminates the marriage. According to the law, this severs all ties between you and your ex-partner.
• In the case of legal separation, you are separated but remain married in the eyes of the law. The rights and obligations of marriage continue to apply. 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 three years, you can have your marriage dissolved. Your marriage will then be permanently terminated. According to the law, this severs all ties between you and your former partner.

End of registered partnership

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

• One of the partners wants to terminate the registered partnership.
• You have minor children.

If you and your partner agree and you do not have 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 disagree 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.
• You can request an ancillary provision in the petition. This is an agreement related to the divorce. For example, regarding visitation rights for the children.
• If you are the only one filing for divorce, your partner will receive a copy of your petition.
• Your partner may object to the divorce. This is called 'filing a defense'.
• Once the judge has made a decision, it will be sent to you via your lawyer. This is called a ruling. Your lawyer must register this ruling with the municipality where you were married within six months. Only then will you be legally separated. This also applies to the dissolution of a marriage after a legal separation.
• A legal separation is final once the decision has been entered in the matrimonial property register within six months. To do this, you must contact the court registry.

Termination of registered partnership without court proceedings

• Choose a lawyer or notary.
• You and your partner draw up an agreement with a lawyer or notary. The agreement states that you wish to terminate the registered partnership. You also make arrangements regarding matters such as spousal support and pension.
• Have your lawyer or notary register the agreement with the municipality where your partnership is registered within three months. Only then will you be legally separated.

Termination of registered partnership through the courts

This works the same way as in a divorce.

How long will it take?

The judge will issue a ruling several weeks after the hearing. How many weeks this will take depends on the progress of the case. At the end of the hearing, the judge will let you know approximately how many weeks you can expect to wait.

The municipality will register the court's ruling or the declaration as soon as possible.

Additional information

Would you like help from a mediator or lawyer, but cannot afford it? In some cases, the government will contribute to the costs. This is called subsidized legal aid. The Legal Aid Board is responsible for arranging this.

With the so-called addition, you can check whether you are entitled to a subsidy in the event of divorce.