Divorce and mediation

6 januari 2020

Information about divorce and mediation

Before I give you more information about divorce and mediation, I will first tell you when you can ask for divorce in the Netherlands.

A divorce application can be submitted to the Dutch court in the following cases:
– both spouses have the Dutch nationality (in which case it is not necessary that they live in the Netherlands),
– one of the spouses lives in the Netherlands and the spouses ask for divorce together,
– the reacting party lives in the Netherlands,
– the asking party lives in the Netherlands and both spouses have lived in the
– the asking party lives in the Netherlands for at least one year when he or she
has not Dutch nationality or at least 6 months when he or she has Dutch nationality.

What is mediation?

Mediation is a form of consultation between the two spouses on the subjects that have to be settled in the context of the divorce. This means that you have consultations about the care of your child, about alimony and about the distribution of the common things. You consult in the presence of the mediator. The mediator is independent and tries to lead the communication in such a way that the consultation is meaningful. Mediation can also take place if spouses have regular quarrels.

You can arrange all subjects through mediation. It is advisable to do this with a mediator who also has legal knowledge of divorce issues.

The agreements made in the mediation are recorded in an agreement. Subsequently, the divorce is applied for at the court. A lawyer must apply for the divorce. In case of mediation the laywer can apply divorce for the both parties together. Because I am a mediator as well as a lawyer, I can help you through this whole process.

Mediation is cheaper

Arranging the divorce through mediation is cheaper than divorce proceedings in which each spouse has his or her own lawyer.
The costs that we charge to mediaton (including the application for the divorce and the preparation of the parenting plan) can be found on the website of Divorce Company.

Parenting plan

If you want a divorce, you must draw up a parenting plan for your minor child(ren). The parents must do this together.
The parenting plan must in any case state when the child is with the father and when the child is with the mother. This is called a care regulation. For example: Monday and Tuesday at the mother’s house, Wednesday and Thursday at the father’s house and the weekend (Friday through Sunday) alternately.
Furthermore, the parenting plan must include how the costs of the child are distributed and how the parents consult with each other about the child.
If it is really not possible to reach agreement on these issues, the judge can give a decision on these issues. However, the parents are required to do their utmost to achieve a good arrangement for their child. In this context, it is actually assumed that you will also try to mediate.


For more information or a first appointment for mediation: contact form