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Divorce Consent Form for the Netherlands

Divorce Consent Form Template for Netherlands

A comprehensive legal document governed by Dutch law that formalizes the mutual agreement between spouses to dissolve their marriage. This document outlines all aspects of the divorce settlement, including property division, financial arrangements, and if applicable, child custody arrangements. It must comply with the Dutch Civil Code (Burgerlijk Wetboek) and requires court approval for the divorce to be finalized. The form serves as both evidence of consent and a detailed agreement covering all practical and legal aspects of the marriage dissolution.

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What is a Divorce Consent Form?

The Dutch Divorce Consent Form (Echtscheidingsconvenant) is a crucial legal document used when both spouses agree to divorce under Dutch law. This document is required by Dutch courts when filing for a mutual consent divorce and must be prepared in accordance with Book 1 of the Dutch Civil Code. It serves multiple purposes: documenting the spouses' agreement to divorce, detailing the division of assets and liabilities, establishing arrangements for any children, and addressing financial matters such as alimony and pension rights. The form must be comprehensive enough to cover all aspects of the divorce settlement while being clear and unambiguous to ensure court approval. It's typically prepared with legal assistance and forms part of the divorce petition submitted to the Dutch courts.

What sections should be included in a Divorce Consent Form?

1. Parties: Full legal names and details of both spouses, including current addresses and marriage details

2. Background: Brief history of the marriage, including date and place of marriage, and confirmation that both parties agree the marriage has irretrievably broken down

3. Definitions: Key terms used throughout the agreement

4. Declaration of Consent: Explicit statement that both parties consent to the divorce and are entering the agreement freely

5. Division of Joint Property: Detailed arrangement of how matrimonial property will be divided

6. Financial Arrangements: Overview of financial settlements, including any lump sum payments and property transfers

7. Housing Arrangements: Agreement regarding the marital home and any other real estate

8. Pension Rights: Division of pension rights according to Dutch Pension Rights Equalisation Act

9. Tax Matters: Agreements regarding tax implications and responsibilities

10. Legal Costs: Agreement on how legal and court costs will be divided

11. Jurisdiction: Confirmation that Dutch law applies and Dutch courts have jurisdiction

12. Signatures: Space for both parties and their legal representatives to sign

What sections are optional to include in a Divorce Consent Form?

1. Child Arrangements: Required when the couple has minor children, detailing custody, visitation, and maintenance arrangements

2. Spousal Maintenance: Required when one party will be paying maintenance to the other, detailing amount, duration, and review terms

3. International Aspects: Required when either party lives abroad or has foreign assets

4. Business Interests: Required when either party owns a business or has business interests that need to be divided

5. Debt Division: Required when there are joint debts to be divided

6. Pet Arrangements: Optional section for arrangements regarding family pets

7. Future Communication: Optional section detailing how parties will communicate post-divorce, particularly relevant when children are involved

What schedules should be included in a Divorce Consent Form?

1. Schedule 1: Asset List: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule 2: Property Division Table: Detailed breakdown of how property will be divided between parties

3. Schedule 3: Financial Disclosure: Financial statements from both parties confirming their assets and liabilities

4. Schedule 4: Parenting Plan: Detailed arrangements for child care and custody if applicable

5. Schedule 5: Pension Documentation: Details of pension arrangements and division

6. Appendix A: Marriage Certificate: Copy of the original marriage certificate

7. Appendix B: Property Valuations: Professional valuations of significant assets where applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Consent Form

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Legal Services

Family Law

Judicial System

Financial Services

Real Estate

Insurance

Public Administration

Social Services

Professional Services

Pension Administration

Relevant Teams

Legal Operations

Family Law Practice

Dispute Resolution

Document Processing

Client Services

Administrative Support

Mediation

Court Administration

Legal Documentation

Professional Support

Relevant Roles

Family Law Attorney

Legal Counsel

Divorce Mediator

Court Clerk

Paralegal

Legal Administrator

Financial Advisor

Pension Rights Specialist

Social Worker

Marriage Counselor

Legal Secretary

Notary Public

Court Administrator

Family Court Judge

Legal Document Specialist

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