If your partner refuses to cooperate with a divorce, you can file a unilateral divorce petition in Westland. This allows you to apply for the divorce through the court without your partner's consent.
When do you opt for a unilateral request?
A unilateral request is an option if your partner does not want to divorce or is unreachable. Even without cooperation, the judge in The Hague can approve the divorce.
Step-by-step plan for unilateral request
| Step | Description | Duration |
|---|---|---|
| 1 | Your lawyer files the request with the court | Start of the procedure |
| 2 | The court informs your partner with a copy | Within 14 days |
| 3 | Your partner has the opportunity to respond | 6 weeks |
| 4 | If necessary, a court hearing follows | Several weeks later |
| 5 | Judgment of the judge | 2-4 weeks after the hearing |
Response of your partner
Within 6 weeks, your partner can file a statement of defence with the District Court of The Hague, in which he/she:
- Can protest against the divorce (usually without success)
- Can file own requests regarding additional matters
- Can respond to your proposals regarding children or finances
Additional arrangements
In your request, you can ask the judge to make decisions about:
- Parental authority and contact arrangements for children
- Child support and/or spousal support
- Division of joint assets or marital property regime
- Who remains in the home
- Pension arrangements
Cost overview unilateral request
| Type of costs | Amount 2024 |
|---|---|
| Court fees | € 314 |
| Lawyer costs | € 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 request, the judge can grant default judgment. The procedure then continues without input from your partner, and the decision is based on your application.Can my partner block the divorce?
No, in the Netherlands, no one can be forced to remain married. If you apply for a divorce, the judge will approve it. Your partner can influence matters such as support or assets.What is the duration of a unilateral divorce?
On average, a unilateral divorce takes 4 to 6 months. In cases of disputes over additional arrangements or a required hearing, this may take longer.Frequently asked questions about unilateral divorce in Westland
What to do if my partner does not want to divorce?
You can file a unilateral request via a lawyer with the District Court of The Hague. The judge can pronounce the divorce without consent. Ensure you have documents such as the marriage certificate and proof of breakdown, and consult a family law lawyer. The costs range between €1,800 and €5,500, and the process takes approximately 4-6 months.
Can my partner block the divorce?
No, in the Netherlands, a divorce cannot be blocked. However, your partner can discuss matters such as support or division of assets, which may cause delays.
What happens if my partner does not respond?
If your partner does not respond within 6 weeks, the judge can grant default judgment. The procedure continues, and the judge bases the judgment on your request, which speeds up the process.
What are the costs and who bears them?
The costs include court fees (€314) and lawyer fees (€1,500-€5,000). You initially pay these yourself, but the judge may later decide that your partner reimburses part if their behaviour is unreasonable. Consult your lawyer about possible additional costs.
Can I arrange support and contact in the same request?
Yes, you can directly request arrangements for support, authority, children's residence, and pensions in the petition. This saves time and money. The judge will decide on this, even if your partner responds.
Contact and support in Westland
For legal advice, you can go to the Juridisch Loket Westland. The procedure is handled by the District Court of The Hague.