Applying for a divorce together via a joint petition is often faster, cheaper, and less stressful than a unilateral application in Westland.
What does a joint petition entail?
With a joint petition, you as partners jointly file a petition with the court. You have agreement on:
- The desire to divorce
- The division of property
- Any maintenance
- Arrangements regarding the children
What are the benefits?
| Advantage | Explanation |
|---|---|
| Budget-friendly | Only one lawyer needed, so lower costs |
| Efficient | Often settled within 3 to 6 months |
| Less conflict | No legal battle between partners |
| No court hearing | Usually handled entirely in writing |
Drafting the Divorce Settlement Agreement
In this procedure, you together draft a divorce settlement agreement containing all arrangements, such as:
- Division of assets and debts
- Arrangements for spousal and child maintenance
- Pension division
- [Parenting plan](https://rechtshulpdenhaag.nl/encyclopedie/ouderschapsplan-hoofdverblijf) (if there are children)
Procedure Step-by-Step
- Record agreements (possibly with the help of a mediator)
- Lawyer prepares the petition and settlement agreement
- Both parties sign
- Filing with the District Court of The Hague
- Judge reviews and pronounces the divorce
- Registration with the municipality of Westland
Frequently Asked Questions about Joint Divorce
Can I still change my mind?
Yes, you can withdraw the petition until the judge makes a ruling. After that, it is no longer possible.
Is the lawyer required to be neutral?
In a joint petition, the lawyer represents both parties. In case of disagreement, one of you must engage your own lawyer.
What if we later disagree anyway?
If agreement cannot be reached, the joint petition cannot proceed and you must switch to a unilateral procedure.
Additional Frequently Asked Questions
How long does this process take on average in Westland?
Typically, a joint divorce takes 3 to 6 months, depending on the workload at the District Court of The Hague and the complexity of your situation. Since no hearing is required, it often proceeds faster than a unilateral petition.
Do we both have to go to court?
No, in this procedure a hearing is usually not required. The judge handles everything in writing, unless there are additional questions, which is rare.
What if we cannot agree on, for example, maintenance?
If there is disagreement on a topic, the joint petition cannot proceed. A unilateral petition is then required, in which the judge decides. A mediator can help reach agreement.
Can we share one lawyer?
Yes, if there is full agreement, one lawyer can represent both parties. This saves time and money, but in case of later conflicts, one of you must seek your own lawyer.
What must be included in the settlement agreement?
The document must contain agreements on assets, debts, maintenance, pensions, and a parenting plan (if there are children). Ensure clear, legally correct agreements.
Is mediation mandatory?
No, but it can be useful to engage a mediator in case of minor disagreements. This helps the process run smoothly and prevents conflicts.
What does a joint divorce cost?
The costs are often between €1,500 and €3,000, depending on the situation. This is cheaper than a unilateral petition due to sharing a lawyer and the absence of a hearing.