When your partner does not consent to a divorce, you can file a unilateral petition for divorce in Rijswijk. This process allows you to apply for the divorce without your partner's cooperation via the District Court of The Hague.
When do you opt for a unilateral petition?
A unilateral petition applies if your partner refuses to cooperate with the divorce or is unreachable. Even without their consent, the judge in The Hague can pronounce the divorce.
Step-by-step plan for unilateral petition
| Step | Description | Duration |
|---|---|---|
| 1 | Your lawyer files a petition with the court | Start of the process |
| 2 | The court sends a copy to your partner | Within 14 days |
| 3 | Your partner has the opportunity to respond with a statement of defence | 6 weeks |
| 4 | If necessary, a hearing follows before the judge | Several weeks later |
| 5 | The judge issues a decision | 2-4 weeks after the hearing |
Your partner's response via statement of defence
Within a period of 6 weeks, your partner can file a statement of defence containing:
- Objection to the divorce (usually unsuccessful)
- Own requests regarding ancillary matters
- Responses to your proposals regarding children, maintenance or division of assets
Ancillary arrangements
In your petition, you can ask the judge to decide on:
- Parental authority and residence of the children
- Child and/or spousal maintenance
- Division of joint assets or matrimonial property regime
- Who remains in the home
- Pension division
Cost overview unilateral petition in 2024
| Type of costs | Amount |
|---|---|
| Court fee | € 314 |
| Lawyer's fees | Between € 1,500 and € 5,000 |
| Total estimate | € 1,800 to € 5,500 |
What happens if my partner does not respond?
If your partner does not respond to the petition, the judge can grant default judgment. The case then proceeds without input from your partner, and the judge bases the decision on your petition.Can my partner block the divorce?
No, in the Netherlands no one can be forced to remain married. If you want to divorce, the judge will allow it. Your partner can, however, influence ancillary matters such as maintenance.What is the duration of a unilateral divorce?
On average, a unilateral divorce takes 4 to 6 months. In cases of disputes over ancillary provisions or a required hearing, this process may take longer.Frequently asked questions about unilateral divorce in Rijswijk
What to do if my partner does not want to divorce?
You can file a unilateral petition via a lawyer with the District Court of The Hague. The judge can approve the divorce without your partner's consent. Ensure you have documents such as the marriage certificate and proof of breakdown of the marriage ready. Contact the Juridisch Loket Rijswijk for advice. The costs range between €1,800 and €5,500, and the process usually takes 4-6 months.
Can my partner block the divorce?
No, in the Netherlands a divorce cannot be blocked if one party wants it. Your partner can object to arrangements such as maintenance or division of assets, which may delay but not stop the process.
What if my partner does not respond to the petition?
If there is no response within 6 weeks, the judge can grant default judgment. The procedure then continues without input from your partner, and the decision is based on your petition. This can accelerate the process.
What does a unilateral divorce cost and who pays?
The costs include court fees (€314) and lawyer's fees (€1,500-€5,000). You initially pay these yourself. The judge can later determine that your partner must contribute a portion, especially in cases of unreasonable conduct. Consult your lawyer about possible additional costs.
Can I include maintenance and contact arrangements in the same petition?
Yes, you can include matters such as maintenance, parental authority over children and pension division directly in the petition. This saves time. Your lawyer assists in drafting it, and the judge makes the final decision, even if your partner responds.