A mutual request for divorce requires the following with respect to your nationality:
Both of you have been residing and have been registered with a municipality in the Netherlands for at least 12 months
If one of you does not have a Dutch nationality, the one with a Dutch nationality should be a resident of the Netherlands and should be registered with a municipality in the Netherlands for at least 6 months
When you and your partner divorce, basically both of you are entitled to half of the possessions and both of you are obliged to half of the debts. In order to divide the community of goods properly, it is advised to draft a settlement agreement or covenant, stating the division like both of you have agreed upon.
If documents attached to the mutual request are written in a foreign language a certified translation into Dutch of the document is also required.
The prenuptial agreement can vary widely, but in general includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. It is advisable to read the exact content of the prenuptial agreement. Be aware that there can still be a community of goods, like goods that you have acquired together during your marriage, mutual bank accounts or debts, which need to be divided.
You are both allowed to agree to deviate from the provisions of the prenuptial agreement.
Registered partners have the same rights and obligations as married couples. Though in general dissolving a registered partnership is easier. A statement declaring the dissolution of the registered partnership edited by a civil notary or a lawyer will be sent to the registrar of your residence. The registrar will register the dissolution of the registered partnership in the municipal personal records database (Gemeentelijke Basisadministratie, GBA) and/or the Department of Civil Affairs (Burgerlijke Stand). Please note, that in case you have a settlement agreement or divorce covenant such agreement will only be enforceable if it is drawn up by a civil notary or when the registered partnership is dissolved in court. If there are minor children, the registered partnership can only be dissolved in court and a parenting plan needs to be drawn up and added to the settlement agreement/divorce covenant.
In general a cohabitation agreement is drawn up when property (i.e. house) is bought. Practice has often shown that it concerns a standard agreement, which does not contain any provisions referring to the ending of the cohabitation. Should both of you wish to come to an agreement with respect to ending the cohabitation, Tara Mediation can assist you drawing up the mutual agreements and put these in a settlement agreement with respect to ending the cohabitation or refer you to a civil notary in order to have an enforcable settlement agreement.
Photography: Christina Stoian