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Family Legal Matters
Family legal matters can be complex, especially if you are living abroad, raising children internationally, or dealing with legal systems in more than one country. In the Netherlands, family legal questions may involve a lawyer, notary, mediator, court, municipality, or another official organisation. This page gives a general overview of family legal matters in the Netherlands, including divorce, separation, registered partnerships, family mediation, parenting arrangements, wills, testaments, guardianship, and estate planning.
IWCN provides general information and can help you find relevant official sources or service providers. For personal legal advice, always contact a qualified legal professional.
What you can find on this page
Photographed by Julia M. Cameron for Pexels
Registered partnerships, divorce, and separation
In the Netherlands, marriage, registered partnership, and cohabitation can have different legal consequences. The process for ending a relationship depends on your legal situation, whether you and your partner agree, and whether children are involved.
If you are married and want to divorce (echtscheiding), you usually need to submit a petition for divorce to the district court through a lawyer. The same applies to judicial separation and the dissolution of a marriage after judicial separation.
If you have a registered partnership, the process can depend on whether you have children under 18 and whether you and your partner agree to separate. If there are children under 18, or if you disagree about ending the partnership, the court may need to be involved. In some situations without children and where both partners agree, a lawyer or civil-law notary may be able to help arrange the end of a registered partnership without a court procedure.
If you live together without being married or in a registered partnership, the legal consequences can depend on whether you have a cohabitation agreement, shared property, children, or other financial arrangements.
Family law can be especially complicated for internationals if more than one country is involved. This may affect which country’s law applies, where a procedure should take place, and how agreements are recognised. Always contact a qualified legal professional for advice about your personal situation.
Children and parenting arrangements
If children under 18 are involved in a divorce or separation, parents may need to make agreements about care, upbringing, communication, costs, and decision-making. In many divorce or separation procedures, a parenting plan is required.
A parenting plan usually includes agreements about where the children live, how care and parenting time are divided, how parents share information and make important decisions, and how child-related costs are arranged.
After divorce, both parents often remain responsible for raising and caring for their children. However, parental responsibility, custody, and conta ct arrangements can depend on your personal and legal situation.
If there is disagreement about children, parenting time, maintenance, or parental authority, contact a lawyer, mediator, or another qualified professional. For official information about divorce, parental responsibility, and parenting plans, check information provided by the Dutch government and the Dutch judiciary.
Mediation for family matters
Mediation can be useful during separation, parenting discussions, or family agreements if both sides are willing to talk and look for a solution together. A family mediator does not take sides or make a court decision. Instead, they guide the conversation and help the people involved make clear agreements.
Family mediation may help with topics such as parenting arrangements, communication between parents, division of belongings, financial agreements, or practical arrangements after separation.
Mediation is not suitable for every situation. If there is urgency, a safety risk, a strong power imbalance, or a legal deadline, it is important to contact a lawyer or another qualified legal professional as soon as possible.
Wills, testaments, and guardianship
A will (testament) can be important if you want to record what should happen to your estate after your death. This can be especially relevant if you own property, have children, live with a partner, have assets in more than one country, or want to make specific arrangements for your family.
In the Netherlands, a will is usually arranged through a civil-law notary (notaris). A notary can explain what is possible under Dutch law and record your wishes in an official document.
If you have minor children, you may also want to appoint a guardian for them in case both parents die. In the Netherlands, parents can appoint a guardian in the court’s parental authority register or in a will through a notary.
For official information about appointing a guardian, check the information provided by the Dutch government or the Dutch judiciary. If you want to arrange guardianship in a will, contact a notary.
Planning for inheritance, property, and family responsibilities
Estate planning means thinking ahead about what should happen to your property, savings, belongings, business interests, and family responsibilities if you die or can no longer make decisions yourself.
This can be especially important for internationals. You may have family members, property, bank accounts, pensions, or legal documents in more than one country. You may also already have a will from another country and be unsure whether it is recognised in the Netherlands.
Depending on your situation, it may be useful to check whether you need a Dutch will, which country’s inheritance law may apply, how your assets would be divided, and who should care for your minor children if both parents die.
Because inheritance and family arrangements can involve more than one legal system (especially if you are an international), always contact a notary or qualified legal professional before making decisions.
Where to get legal help
For divorce, separation, registered partnerships, parenting arrangements, or parental authority questions, you may need a lawyer. Some situations require a lawyer to start court proceedings.
For wills, testaments, property transfers, cohabitation agreements, and some inheritance or guardianship arrangements, you may need a civil-law notary.
For family disagreements where both sides are willing to talk, a family mediator may help. You can also check whether your legal expenses insurance, trade union, employer, municipality, or Juridisch Loket can provide guidance or point you in the right direction.
If you are unsure where to start, IWCN can help you find relevant official information or service providers. For personal legal advice, always contact a qualified legal professional.
FAQ about Family Legal Matters in the Netherlands
Do I need a lawyer to get divorced in the Netherlands?
In most divorce (echtscheiding) procedures, you need a lawyer to submit the petition to the district court. This also applies to judicial separation and the dissolution of a marriage after judicial separation.
Do I need a parenting plan if I have children?
If you have children under 18, a parenting plan is usually required in divorce or separation proceedings. This plan includes agreements about care, upbringing, communication, and child-related costs. Mediation may help if both parents are willing to discuss these arrangements together.
When should I contact a lawyer, notary, or mediator?
A lawyer (advocaat) can help with legal advice, disputes, divorce, separation, parental authority, and court procedures.
A notary (notaris) prepares and records official legal documents, such as wills, cohabitation agreements, property transfers, and some guardianship arrangements.
A mediator can help people discuss family agreements if both sides are willing to talk.
How can I appoint a guardian for my child in the Netherlands?
Parents can appoint a guardian for their minor child through the court’s parental authority register or in a will through a notary. A guardian becomes responsible for the child if the parents have passed away.
Do internationals need a Dutch will?
Not always, but it can be useful to check. If you own property, have children, have assets in the Netherlands and in other countries, or already have a will from another country, contact a notary or qualified legal professional to understand what applies to your situation.
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