With a joint petition, you both request a divorce together. This process is often faster, more affordable, and less stressful than a unilateral petition.
What does a joint petition entail?
In a joint petition, both partners jointly file a petition with the court. You agree on the following points:
- The desire to divorce
- The division of property
- Arrangements regarding maintenance
- Agreements regarding the children
What are the benefits?
| Advantage | Explanation |
|---|---|
| Lower costs | One lawyer, so fewer expenses |
| Fast processing | Often resolved within 3 to 6 months |
| Less conflict | No legal confrontations |
| No court hearing | Usually handled in writing |
The divorce settlement agreement
In a joint petition, you draw up a divorce settlement agreement. This contains all agreements regarding:
- The division of assets and debts
- Partner and child maintenance
- Pension arrangements
- [Parenting plan](https://rechtshulpdenhaag.nl/encyclopedie/ouderschapsplan-hoofdverblijf) (if there are children)
Steps in the procedure
- Record agreements (possibly via a mediator)
- Lawyer drafts the petition and settlement agreement
- Both parties sign
- Filing with the District Court of The Hague
- Judge reviews and pronounces the divorce
- Registration in the registers of the municipality of Rijswijk
Frequently asked questions about joint divorce
Can I still change my mind?
You can withdraw the petition until the judge has made a ruling. After that, it is no longer possible.
Is the lawyer required to be neutral?
In a joint petition, the lawyer represents both parties. In case of disagreement, one of you must engage your own lawyer.
What if we disagree later?
If agreement cannot be reached, the joint petition cannot proceed. Then you must switch to a unilateral petition.
Additional information and questions
How long does a joint divorce in Rijswijk take?
Usually, this process takes 3 to 6 months, depending on the workload at the District Court of The Hague and the complexity of your situation. Written handling significantly speeds up the procedure.
Is attendance at court mandatory?
No, in most cases a hearing is not required. The judge handles the petition in writing, unless additional questions arise.
What if we cannot agree on a specific issue?
In case of disagreement, for example on maintenance, the joint petition cannot proceed. A unilateral petition is then necessary, in which the judge decides.
Can we share one lawyer?
Yes, if you agree, you can jointly engage a lawyer. This saves costs, but in case of later conflicts, one of you must get your own lawyer.
What must be included in the settlement agreement?
The settlement agreement must contain agreements on assets, maintenance, pensions, and a parenting plan (if applicable). Ensure clear and legally correct agreements.
Is a mediator necessary?
No, a mediator is not mandatory, but can help in making agreements and preventing conflicts, especially in complex situations.
What does a joint divorce cost?
The costs are usually between €1,500 and €3,000, depending on the situation. This is more affordable than a unilateral petition due to sharing a lawyer and the absence of a hearing.
For more information or assistance, you can contact the Juridisch Loket Rijswijk.