Do I need a lawyer for a divorce?

The short answer

For every divorce in the Netherlands, at least one of the partners must hire a lawyer. Even for a mutual divorce where both partners fully agree, legal representation is legally required. The lawyer ensures that all legal aspects are properly handled and that the divorce agreement or petition meets all legal requirements. Without a lawyer, the court cannot grant the divorce.

What does the law say?

Article 815 of the Code of Civil Procedure states that a divorce petition can only be filed by a lawyer. This rule applies to all types of divorces in the Netherlands. The legislator has imposed this obligation because divorce has far-reaching legal consequences for both partners. A lawyer must check whether all legal conditions have been met and whether any agreements are lawful.

What should you look out for?

Choose a lawyer who specializes in family law and has experience with divorces. Ask upfront about the costs and possibilities for legal aid if you have a low income. Be aware that both partners can share the same lawyer for a mutual divorce, but this is not always wise in case of conflicts of interest.

Example from practice

Jan and Marie want to divorce and agree on everything: division of the house, alimony and child visitation. Yet they must hire a lawyer to have the divorce officially pronounced. Their lawyer draws up a divorce agreement in which all arrangements are laid down and files the divorce petition with the court. After six weeks, the judge grants the divorce, and Jan and Marie are officially divorced. Without a lawyer, they could not have started this procedure, despite their mutual agreement.

What can you do?

Start by looking for a suitable lawyer and make an initial appointment to discuss your situation.