Dutch legal separation: what must I arrange?
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Detailed explanation, checklist and sources
You remain married but formalise separation through a lawyer and court. Living apart alone is insufficient. Record why you want this route and which agreements remain unresolved.
On this page
1. Choose the correct route
This Dutch procedure concerns marriage, not simply cohabitation. The marriage must have irretrievably broken down. Registered partnerships have a different termination route; international cases need separate assessment.
2. Prepare finances and children
Gather marriage certificate, marital terms, housing, assets, debts, income and pensions. Arrange a parenting plan where required and discuss maintenance. Dividing debts does not automatically release you from a joint loan.
3. Have the petition filed
A lawyer files the petition with the court. Record agreed and disputed issues. For urgent housing or financial problems, ask whether interim measures are needed.
4. Monitor registration
Separation takes effect through registration in the matrimonial property register. Registration must be requested within six months after the order becomes final, otherwise it loses effect. Have your lawyer confirm responsibility and date in writing.
5. Reconcile or dissolve later
Reconciliation requires joint registration. Later dissolution on one spouse's request normally requires three years; legally specified serious misconduct can justify judicial reduction to at least one year. Joint requests have no waiting period. You cannot remarry while the marriage continues.
6. Keep your preparation
Make a personal list of aims, missing documents, agreements and questions; it is not a court document. Have pension, inheritance, tax and benefit effects checked separately. Use our help request for follow-up; nothing is sent automatically.
We have lived apart for three months. Are we legally separated automatically?
No. Living apart does not replace a court order and registration. First establish which formal route suits your aims.
Documents to prepare
Prepare your next stepFill in and save · Word
Tick what you have checked or collected. Note what is missing and take your overview to a meeting.
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What do you still need for your next step?
Item 1 / 6 · Where do you stand with this item?
Marriage and marital terms
This overview follows your own answers. It does not assess your rights or guarantee that your file is complete.
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View all details, notes and timeline
Your timeline and evidence
List events and contacts. Note where you keep the evidence; no upload is needed.
What goes in my timeline?
Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
Is my evidence sent?
No. You only note where it is kept. No files are uploaded or sent automatically.
How do I save my timeline?
Your entries are not saved automatically. Choose Save and continue later to store this preparation, including your timeline, in My overview. Wait for confirmation and save new changes again. You can also download a Word file without an account.
Up to 20 events. Choose a different position for an event to change the order.
0 / 6 · Checked or collected
For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.
For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
After your conversation
These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.
This is your preparation, not a submitted request, objection or legally reviewed document. A tick records only your own progress. Check the procedure and deadline in the original letter.
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Clear entries
Download anything you want to keep first. Clearing cannot be undone.
- Marriage and marital terms
- Children and interim arrangements
- Housing, assets and debts
- Income, maintenance and pensions
- Order and registration evidence
- Questions and responsible lawyer
Contact with a lawyer
You can use the chat and information without a phone number. A contact request requires a phone number, a verified email address and your wish for telephone contact. Our team assesses which partner fits your question. Data is shared only under the stated consent procedure. A partner or engagement is not guaranteed.
View the current application processSources
Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
Burgerlijk Wetboek1 ·169,173,176,179,181 ↗Rijksoverheid · Scheidingsvormen ↗Rechtspraak · Procedure ↗Rechtspraak · Verzoening ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.