When your partner does not consent to a divorce, you can file a unilateral petition for divorce in Utrecht. This process allows you to apply for the divorce without your partner's cooperation.
When do you choose a unilateral petition?
A unilateral petition applies if your partner refuses to divorce or is unreachable. Even without their consent, the court in Utrecht can approve the divorce.
Step-by-step plan for a unilateral petition
| Step | Action | Timeframe |
|---|---|---|
| 1 | Lawyer files the application | Start of the process |
| 2 | Court notifies your partner | Within 14 days |
| 3 | Partner has opportunity to respond | 6 weeks |
| 4 | Possible hearing at the court | Several weeks |
| 5 | Ruling by the judge | 2-4 weeks after hearing |
Your partner's response
Within a period of 6 weeks, your partner can file a statement of defense with the Central Netherlands District Court. In it, he/she can:
- Object to the divorce (usually without success)
- File their own requests regarding additional matters
- Respond to your proposals regarding children, finances, or assets
Additional arrangements
In your application, you can ask the court to make decisions on:
- Parental authority and residence of children
- Child support and/or spousal support
- Division of joint property or marital property regime
- Who remains in the home
- Pension division
Costs of a unilateral petition in Utrecht
| Cost component | Amount 2024 |
|---|---|
| Court fee | € 314 |
| Lawyer's fees | € 1.500 - € 5.000 |
| Total estimate | € 1.800 - € 5.500 |
What if my partner does not respond?
If your partner does not respond to the application, the court in Utrecht can grant proceedings in default. The process then continues without your partner's input, and the decision is based on your petition.Can my partner block the divorce in Utrecht?
No, in the Netherlands, no one can be forced to remain married. If you want to divorce, the court will allow it. However, your partner can influence matters such as alimony or other arrangements.What is the duration of a unilateral divorce?
On average, a unilateral divorce in Utrecht takes 4 to 6 months. In cases of disputes over additional matters or a required hearing, it may take longer.Frequently asked questions about unilateral divorce
What to do if my partner does not want to divorce?
You can file a unilateral petition through a lawyer in Utrecht. The court can approve the divorce without your partner's consent. Ensure you have documents such as the marriage certificate and proof of breakdown of the marriage ready and engage a family law attorney. The process typically takes 4-6 months and costs €1,800-€5,500.
Can my partner stop the divorce?
No, in the Netherlands, a divorce cannot be blocked if one party wants it. Your partner can object to matters such as alimony or custody arrangements, which may delay the process, but cannot block the divorce itself.
What happens if my partner does not respond?
If your partner does not respond within 6 weeks, the court can grant proceedings in default. The procedure continues without their input, and the court decides based on your application. This can expedite the process.
What are the costs and who bears them?
The costs include court fees (€314) and lawyer's fees (€1,500-€5,000). You pay these initially yourself. The court may later decide that your partner must contribute a portion, especially in cases of unreasonable behavior. Consult your lawyer about possible additional costs or subsidies.
Can I arrange alimony and custody in the same petition?
Yes, you can include matters such as alimony, parental authority, residence arrangements, and pension division directly in your application. This saves time and money. Your lawyer assists in drafting this, and the court makes the final decision.
Contact and location in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55. The relevant court is the Central Netherlands District Court, Vrouwe Justitiaplein 1.