Family
No-fault divorce through the court, and the country that first opened marriage to same-sex couples
Divorce is always granted by the court on the ground of irretrievable breakdown, with no need to prove fault. The Netherlands was the first country in the world to open civil marriage to same-sex couples, in 2001, and offers the registered partnership as a near-equivalent alternative.
Key rules
- The sole ground for divorce is the irretrievable breakdown of the marriage; a joint request needs no reasons.
- Marriage and registered partnership are open to couples regardless of sex.
- Since 1 January 2018 the default matrimonial regime is a limited community of property, covering only assets and debts acquired during the marriage.
- Parents retain joint parental responsibility after divorce, and a parenting plan is compulsory where there are minor children.
Governing law
- Civil Code, Book 1 (persons and family law)Marriage, divorce, parentage and parental responsibility
- Act opening marriage to same-sex couples (2001)
- Limitation of Community of Property Act (2018)
In practice
A divorce petition must be filed by a lawyer, and where there are minor children the court will not proceed without an agreed parenting plan. Spousal and child maintenance are calculated using widely applied court guidelines (the Trema norms).