With a joint petition, you both file for divorce in Utrecht. This process is often faster, cheaper, and less stressful than a unilateral petition.
What does a joint petition entail?
A joint petition means that both partners jointly file a petition with the court. You have agreement on:
- The decision to divorce
- The division of property
- Any maintenance
- Arrangements regarding the children
Why choose a joint petition?
| Benefit | Explanation |
|---|---|
| Cost-efficient | Only one lawyer needed, so lower costs |
| Fast processing | Often settled within 3-6 months |
| Less conflict | No legal confrontations |
| No court hearing | Usually fully handled in writing |
The divorce settlement agreement
With a joint petition, you draw up a divorce settlement agreement containing all agreements on:
- Division of assets and debts
- Maintenance for partner and children
- Pension arrangements
- [Parenting plan](https://rechtshulpdenhaag.nl/encyclopedie/ouderschapsplan-hoofdverblijf) (if there are children)
Steps in the procedure
- Record agreements (possibly with the help of a mediator)
- Lawyer drafts the petition and settlement agreement
- Both partners sign
- Submission to the District Court of Central Netherlands, Vrouwe Justitiaplein 1, Utrecht
- The judge reviews and pronounces the divorce
- Registration of the divorce with the municipality of Utrecht
Frequently asked questions about divorce in Utrecht
Can I still change my mind?
Yes, you can withdraw the petition until the judge has made a ruling. After that, it is no longer possible.
Does the lawyer have to be impartial?
In a joint petition, the lawyer represents both parties. In case of disagreement, one of you must engage your own lawyer.
What if we can't agree during the process?
If agreement cannot be reached, the joint petition cannot proceed. A unilateral petition is then the next step.
Additional frequently asked questions
How long does a joint divorce in Utrecht take?
Typically, this process takes 3 to 6 months, depending on the workload at the District Court of Central Netherlands and the completeness of your file. Written processing significantly speeds up the process.
Do we both have to go to court?
No, in most cases a hearing is not required. The judge handles the petition in writing, unless additional questions arise.
What if we disagree on a detail, such as maintenance?
In case of disagreement, the joint petition cannot proceed. A unilateral petition is then necessary, in which the judge decides on the outstanding points. Consider a mediator to avoid conflicts.
Can we share one lawyer in Utrecht?
Yes, with full agreement, one lawyer can represent both parties, which saves costs. In case of later conflicts, a separate lawyer must be engaged.
What must be included in the settlement agreement?
The settlement agreement must contain agreements on assets, debts, maintenance, pensions, and a parenting plan if there are children. Ensure legally binding agreements.
Is mediation mandatory?
No, mediation is not mandatory, but it can help reach clear agreements and prevent conflicts, especially in complex cases.
What does a joint divorce cost?
The costs are usually between €1,500 and €3,000, depending on the case and the lawyer. This is significantly lower than a unilateral petition due to sharing a lawyer.
Contact and support in Utrecht:
- Court: District Court of Central Netherlands, Vrouwe Justitiaplein 1
- Legal advice: Juridisch Loket Utrecht, Catharijnesingel 55