Divorce is regularly considered a 'life event'. It is a significant change in people's lives, with emotional, practical and sometimes financial implications. It can have profound effects on well-being, relationships, lifestyle and future plans.
In some cases, (former) partners have agreement in advance on all issues and in some cases, (former) partners have - very carefully - said disagreements on all issues. This also applies to the emotional aspects associated with divorce proceedings. Divorce can be extremely emotional for all involved.
Need a lawyer for divorce?
In the Netherlands it is possible to divorce in several ways. In all cases, however, a lawyer must file your divorce petition with the court. In divorce proceedings, therefore, there is mandatory legal representation by a lawyer.
The following will explain the ways you can divorce and the role of a lawyer.
In what ways can you divorce?
The petition for divorce must be filed with the court by an attorney. The lawyer's role and involvement in the proceedings can vary widely.
It is possible to file a joint petition for divorce with the court. With a joint petition, it is important that you and your (former) partner have reached an agreement on the various issues in your divorce. Reaching this agreement can also be done in different ways. For example, you can talk together with a mediator about the various topics, and when agreement is reached, the joint petition is filed with the court. It is also possible for you and your (former) partner to consult together without the intervention of a third party. In that case, the lawyer will have to verify with both parties whether an agreement has actually been reached. Furthermore, the lawyer will have to include what is necessary in a so-called petition.
If you and your (former) partner do not (appear to) agree on the issues to be settled in the divorce, it is possible for one of the two parties to file an independent / unilateral petition for divorce with the court. The other party is then given the opportunity to defend himself in a defense through a lawyer. In this defense, the defending party can also include independent requests. The party who filed the petition may then defend against the independent requests. In most cases, there will then be a court hearing.
Will there always be a court hearing in divorce proceedings?
It is not always necessary to have a court hearing. If you and your (former) partner agree on all aspects of the divorce, such as division of assets, alimony and any child-related issues, you can file a joint petition together. In that case, the court can often handle the divorce in writing without a hearing.
What can be settled in a divorce?
In a divorce proceeding, there may be several sub-topics. These may include the division of joint assets, the division of debts, the determination of any alimony, making arrangements regarding the children, the division of pensions, life insurance, health insurance and other insurance policies. This enumeration is non-exhaustive. Every divorce is different, which makes our assistance custom-made.
How long do divorce proceedings take?
The length of a divorce proceeding can vary depending on several factors, such as the complexity of the case, the speed with which documents are filed and the court's caseload. In general, divorce proceedings in the Netherlands can take from several months to more than a year.
If there are no disputes over, for example, property, child support, child access or other issues, then the process can be faster. In that case, the divorce may possibly be completed within a few months. It is important to remember that each divorce proceeding is unique and its duration depends on several factors.
Can some things already be settled and determined by the judge during the (protracted) divorce proceedings (temporary provision)?
Divorce proceedings can take years in some cases. In such cases, it may be advisable to have issues (temporarily) recorded anyway. In a so-called preliminary injunction, the court can already make decisions.
A preliminary injunction in divorce proceedings is a temporary arrangement established by the court to regulate the situation during the period of uncertainty in the divorce proceedings. This may be necessary if there are urgent issues that cannot wait until the final divorce decision is made. Some common reasons why injunctive relief is sought include alimony, settlement for the children and the use of the marital home and property.
It is important to note that preliminary injunctions are not necessarily binding on the final divorce decision. Thus, it is possible that the final outcome in the divorce proceedings may differ from the outcome in the preliminary injunction.
Need a lawyer for your divorce?
Our attorneys have an eye for the various business and emotional aspects involved in your divorce, while not losing sight of the big picture.
Kötter, L'Homme & Plasman attorneys is particularly specialized in divorce where criminal law is also involved. This can include domestic violence and vice issues.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during business hours) call 020-6731548.
