Divorce or Termination of a Registered Partnership

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 ex-partner.
• 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 a legal separation of at least 3 years, you can have your marriage dissolved. Your marriage will then be permanently terminated. Under the law, this severs all ties between you and your former spouse.

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 agree and you do not have any minor children, you do not need to go through the courts.

• Choose a lawyer. If you and your partner are filing for divorce jointly, one lawyer is sufficient. If you are not filing for divorce jointly, or if you and your partner do not agree with each other, you should each choose your own lawyer.
• Your attorney will file for divorce with the court by submitting a petition. Your attorney 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 child visitation.
• 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 that decision through your attorney. This is called a court order. Your attorney must register this court 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 into the matrimonial property registry at within 6 months. To do so, contact the court clerk’s office.

Termination of a Registered Partnership Without a Court Order

• 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 end the registered partnership. You will also make arrangements regarding matters such as spousal support and pensions.
• Have your lawyer or notary register the agreement within 3 months with the municipality where your partnership is registered. Only then will you be legally separated.

Termination of a Registered Partnership Through the Courts

This works the same way as in a divorce.

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.

Would you like help from a mediator or attorney, 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.

With this so-called tool, you can check whether you are eligible for a subsidy in the event of a divorce at .