How long does divorce take in the Netherlands?

A divorce in the Netherlands takes an average of 3-6 months for a joint procedure (gemeenschappelijke procedure), but can take up to a year for a contested divorce (eenzijdige scheiding). The duration depends on the chosen procedure, cooperation between both parties, and the complexity of the situation. It's important to know what to expect beforehand so you can properly prepare for this major life change.

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The short answer

The fastest way to divorce in the Netherlands is through a joint procedure (gemeenschappelijke procedure), where both partners cooperate. This usually takes 3-6 months from initial discussions to the court's ruling. For a contested divorce (eenzijdige scheiding), where one partner starts the procedure without the other's cooperation, the process can take 6-12 months. Much depends on how quickly agreements are reached about children, maintenance (alimentatie), and division of assets. Complex financial situations or disagreements about children can significantly delay the procedure.

What does Dutch law say?

Dutch divorce law (echtscheidingsrecht) provides different procedures, each with their own timeline. The law requires a mandatory reflection period (bedenktijd) of at least one month between filing the petition and the court's ruling. In a joint procedure, both partners must draft a covenant (convenant) containing all agreements. The court must approve this covenant before the divorce becomes final. For contested procedures, longer deadlines apply because the other party gets time to respond.

1Article 1:150 BW (Dutch Civil Code): minimum reflection period of one month

2Article 1:815 Rv (Dutch Code of Civil Procedure): joint divorce petition with covenant

3Article 1:818 Rv (Dutch Code of Civil Procedure): contested petition with six-week response period

What should you watch out for?

The duration of your divorce is mainly determined by preparation and cooperation. Make sure you have all financial documents in order before you start. Think carefully beforehand about arrangements for children and division of assets to prevent discussions during the procedure. A good lawyer or mediator can speed up the process by ensuring all paperwork is correct.

1Gather all financial documents in advance

2Make agreements about children and assets

3Choose mediation for disagreements

4Ensure correct and complete forms

Real-world example

Mark and Sandra want to divorce after 12 years of marriage and have two children. Because they agree on the co-parenting arrangement (co-ouderregeling) and division of their house and savings, they choose a joint procedure. Their lawyer helps them draft a covenant, which takes three weeks. After filing with the court (rechtbank), they wait out the mandatory one-month reflection period. The court hearing itself takes only 15 minutes, and two weeks later they receive the divorce ruling. In total, they spent exactly four months on their divorce.

What can you do?

Start by gathering all important documents and making an overview of your joint assets and debts.

1Discuss with your partner whether a joint procedure is possible

2Gather all financial documents and make an overview of assets

3Find a lawyer or mediator experienced with your type of divorce

Conclusion

The duration of a divorce in the Netherlands largely depends on your cooperation and preparation. With good agreements and proper guidance, you can be divorced within six months.

Frequently Asked Questions

Can a divorce be faster than 3 months in the Netherlands?

Why does a contested divorce take longer?

What if we can't agree on the children?

Can we stop the divorce during the procedure?

Does a faster divorce cost more money?

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