Choosing the best divorce lawyer in the Netherlands can be a challenge, especially if you do not speak Dutch and are not familiar with the Dutch legal system. The Dutch Law Institute has therefore compiled the following list of recommended Dutch divorce lawyers to assist English speakers in their search. However, making this selection from the approximately 19,000 lawyers in the Netherlands ('advocaten', members of the Dutch Bar Association) was anything but easy.
Using a variety of sources, the committee compiled the following list of English-speaking divorce lawyers in the Netherlands who can be recommended:
The divorce procedure in the Netherlands requires careful preparation and submission of various documents, with special attention to the parenting plan if minor children are involved. For specific cases and further legal guidance, it is recommended to seek professional legal advice form a good divorce lawyer in the Netherlands.
A skilled Dutch divorce lawyer will thoroughly explain your rights and obligations under Dutch law. Whether it involves the division of assets, child custody, or spousal support, they break down complex legal language into actionable steps. For example, they can clarify whether a case qualifies for administrative divorce or requires court intervention, ensuring no detail is overlooked.
A good divorce lawyer develops a personalized approach based on the unique circumstances of your case. If you face disputes over property division, they will assess the marital assets, debts, and relevant laws to propose a fair solution. Similarly, if children are involved, they will seek to prioritize the child's best interests.
Divorce can be emotionally charged, making it difficult to resolve conflicts objectively. A top divorce lawyer acts as a mediator, helping both parties reach amicable agreements whenever possible. Their negotiation skills are particularly valuable in resolving contentious issues like spousal or child support, aiming to avoid prolonged and expensive court battles.
In cases where disputes cannot be settled out of court, a good divorce lawyer will represent you effectively before a Dutch judge. They present evidence, make persuasive arguments, and protect your interests, whether it concerns parental custody, alimony, or asset division. Their courtroom experience ensures you are well-represented during legal proceedings.
The grounds for divorce under Dutch law are the following;
A divorce can be requested by one of the spouses or jointly. The petition is submitted to the court. This petition must include, among other things, a copy or extract of the marriage certificate, as well as documents concerning the grounds on which the court has jurisdiction.
If minor children are involved, it is mandatory to submit a parenting plan. This plan must include agreements on:
The following documents must be submitted with the petition:
If the parenting plan or the required documents cannot reasonably be provided, other documents may suffice or other arrangements may be made, subject to the court's discretion.
Administrative divorce offers a modern and efficient way to terminate a marriage without court intervention, provided certain conditions are met. For specific cases and further legal guidance, it is recommended to seek professional legal advice from a good Dutch divorce lawyer.
Under Dutch law, an administrative divorce may be possible under the following conditions:
The procedure for administrative divorce is as follows:
While administrative divorce offers an efficient and less costly option, there are some limitations:
Financial arrangements after a divorce, including spousal support, child support, and the division of joint assets and debts, require careful consideration and legal documentation. These arrangements can be recorded in a covenant and are generally legally binding. The court plays a significant role in ensuring a fair and equitable division of assets and debts. For specific cases and further legal guidance, it is recommended to seek professional legal advice from a divorce lawyer.
Spousal support, also known as partner alimony, is a financial contribution that one ex-partner must pay to the other after a divorce. The legal basis for spousal support is compensation for the loss of earning capacity that arose during the marriage due to the choices made by the partners. The right to spousal support arises, for example, if one of the partners did not perform paid work during the marriage or if there are remaining care obligations that are not evenly distributed after the marriage. The amount of spousal support is determined based on a capacity comparison, considering the income of both ex-partners after the divorce.
Child support is a financial contribution that a parent must pay for the costs of care and upbringing of their minor children. This obligation applies regardless of whether the parent lives with the children in a family setting. The amount of child support is determined based on the income of the obligated parent and the number of children living in the family setting. The calculation of child support takes into account the child's needs and the parents' financial capacity. Child support is usually paid to the parent with whom the child primarily resides, covering the costs of care and upbringing.
Agreements regarding spousal support and child support can be recorded in a covenant. These agreements can be legally binding, depending on the content and nature of the arrangements made. A covenant can qualify as a binding agreement under Article 6:213 of the Dutch Civil Code if the parties commit to certain actions or omissions. Additionally, a covenant can have the characteristics of a settlement agreement as defined in Article 7:900 of the Dutch Civil Code, binding the parties to a determination of their legal relationship.
In the Netherlands, the court plays a crucial role in the division of joint assets after a divorce. Under Dutch divorce law, the court determines which assets are considered marital assets and thus subject to division, based on principles of reasonableness and fairness. The division is generally based on an equal split unless specific circumstances justify a different division. The Dutch court can also decide on the reference date for the division of assets, often the date of filing the divorce petition.
The Dutch court also plays a significant role in the division of debts after a divorce.
According to Article 1:100(2) of the Dutch Civil Code, both parties are jointly liable for the community debts, meaning each party is responsible for half of the debts unless otherwise agreed or required by reasonableness and fairness. If the parties cannot agree on the division, the court can determine the division method under Article 3:185 of the Dutch Civil Code.
Parents who are divorcing under Dutch law must draft a parenting plan that includes agreements on care and upbringing tasks, information exchange, and child support.
The plan must be submitted to the court and periodically evaluated and amended. These obligations are intended to promote continued parenting and minimize conflicts. For specific cases and further legal guidance, it is recommended to seek professional legal advice from a Dutch divorce lawyer.
The Promotion of Continued Parenting and Careful Divorce Act, which came into effect on March 1, 2009, requires parents to draw up a parenting plan when divorcing. This Dutch law aims to promote continued parenting after the divorce and ensure that parents consider the arrangements for parenting post-divorce early on.
By definition, it is impossible to provide a comprehensive, objective and measured assessment of all divorce lawyers in the Netherlands in all respects. Nevertheless, the review committee, which was first assembled by the Dutch Law Institute in 2024, has endeavored to make a careful and useful selection based on a variety of sources. The sources consulted for this purpose were the following:
The members of the review committee tried to strike a balance between legal expertise, practical experience and client satisfaction. However, any selection remains subjective to some extent and depends on the quality and availability of information.
Selecting Dutch divorce lawyers obviously involves significant challenges and intricate considerations. Lawyers had to be assessed on multiple aspects, including quality, reputation and specialization. However, not all divorce lawyers are equally assessable based on publicly available information, and there are numerous factors that may influence their performance.
Therefore, we want to emphasize that a listing does not guarantee a successful case, nor is it an absolute assessment of the divorce lawyer's skills. We encourage individuals and companies seeking an divorce lawyer in the Netherlands to always make their own conscious and informed choice and find the appropriate Dutch attorney to suit their particular situation.
The Dutch Law Institute and the members of the review committee have not been paid for the listing of Dutch divorce attorneys in this list, and do not have any business relationship with the listed divorce attorneys or their law firms.
The Institute and the review committee worked independently and are solely focused on providing objective and useful information to English-speaking individuals and businesses. This means that the selection is purely based on quality and reputation of the selected divorce lawyers, with no undue commercial influences of any kind.
In our experience, this independence ensures that a listing in this directory of Netherlands divorce lawyers has more value than in many other English-language directories in which lawyers can be listed for a fee. After all, unlike such commercial directories, which often charge high fees to be visible, the divorce attorneys in this list are selected on the basis of substantive merit and not because of a financial contribution. This makes the recommendation by the Dutch Law Institute valuable to all who seeking reliable and adequate legal support in the Netherlands.
Legal 500 and Chambers are two prominent directories for law firms worldwide. They offer reviews and rankings of legal services. Yet there is some criticism of the usefulness of these listings.
So, while Legal 500 and Chambers can certainly provide valuable information, there is clearly also criticism of the way the information is gathered and presented. Objectivity, accessibility and measurement of actual quality remain controversial. For prospective clients, it is important to consider these criticisms when interpreting the rankings. It remains wise to look beyond the listings in these directories and also use other sources and your own research when choosing a lawyer or law firm.
The Dutch Law Institute is not responsible for the quality of services provided by the attorneys listed. The listing does not imply that Dutch Law Institute has a formal relationship with the attorneys or their firms. Also, the order of the names does not indicate any preference or ranking; it is arbitrary.
In order to improve the quality of our list, we greatly appreciate your feedback. If you have engaged one of the lawyers or firms on the list, we would like to hear your experiences. This feedback will help us to adjust the list, if necessary, and support litigants even better in the future.
Are you an English-speaking, qualified and experienced divorce lawyer in the Netherlands and do you think you should also be on the list of divorce lawyers?
We are open to suggestions and want to continue to improve our list.
Please contact us at mail@dutch-law.com if you feel your expertise would be a valuable addition. All applications are subjected to the same evaluation criteria, with quality, experience, reputation and client satisfaction being key.