Divorce or end of registered partnership
If you no longer want to be with your partner, you file for divorce or a termination of your registered partnership. In either case, you arrange this through a lawyer.
Divorce
If you are married, there are three ways you can divorce your partner:
- In a divorce, the marriage is terminated. By law, this breaks all ties between you and your ex-partner.
- In a legal separation, you are separated but remain married under the law. The rights and obligations of the marriage continue to apply. A 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 is then permanently terminated. By law, this breaks all ties between you and your ex-partner.
End of registered partnership
You terminate your registered partnership through the court in the following cases:
- One of the partners wants to end the registered partnership.
- You have minor children.
If you and your partner are in agreement and you have no minor children, you do not have to go through the courts.
What should I bring?
Registering divorce with the municipality
- a written request for enrollment
- copy of the judge's ruling
- possibly: a statement from the court that no appeal has been filed
Register end of registered partnership at the municipality
- When terminated by the court: see divorce.
- For termination by declaration: the declaration that you want to end your registered partnership.
How does it work?
- Choose a lawyer. If you are filing for divorce together with your partner, one lawyer is enough. If you do not file for divorce together or if you and your partner disagree, you will both choose your own lawyer.
- Your lawyer files for divorce with the court with a petition. Your lawyer will draft this petition with you.
- You can ask for a side provision in the petition. This is an agreement related to the divorce. For example, about access to the children.
- If only you file for divorce, your partner will receive a copy of your petition.
- Your partner can object to the divorce. This is called "objecting.
- If the judge has made a ruling, you will be sent that decision through your attorney. This is called an order. Your lawyer will register the decree with the municipality where you were married within 6 months. Only then you are legally separated. This also applies to a dissolution of marriage after a legal separation.
- A legal separation is final when the order is entered in the matrimonial property register within 6 months. You contact the registry of the court for this purpose.
Ending registered partnership without a judge
- Choose a lawyer or notary public.
- At the lawyer or notary, you and your partner make an agreement. The agreement states that you want to end the registered partnership. You also make agreements about, for example, spousal support and pension.
- Have your lawyer or notary register the agreement with the municipality where your partnership is registered within 3 months. Only then are you separated before the law.
Ending registered partnership through the courts
This is done in the same way as a divorce.
Additional Information
The websites below provide more information:
