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Divorce Contract for the Netherlands

Divorce Contract Template for Netherlands

A comprehensive legal agreement governed by Dutch law that formalizes the terms and conditions of a divorce between married parties. This contract, known as 'echtscheidingsconvenant' in Dutch, addresses all aspects of the marriage dissolution including property division, financial arrangements, spousal maintenance, pension rights, and where applicable, child custody arrangements. The document must comply with Book 1 of the Dutch Civil Code and requires court approval as part of the divorce proceedings. It serves as a binding agreement between the parties and forms the basis for the court's divorce decree.

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What is a Divorce Contract?

The Divorce Contract (echtscheidingsconvenant) is a crucial legal document used in the Netherlands when married couples decide to formally end their marriage. It must be drafted in accordance with Dutch Civil Code requirements and submitted to a Dutch court as part of the divorce proceedings. This document is essential for any divorce in the Netherlands, whether contested or uncontested, and should be prepared when parties have reached agreement on key aspects of their separation. The contract covers comprehensive arrangements including property division, financial settlements, pension rights, spousal maintenance, and where applicable, child custody and support arrangements. It serves as the foundation for the court's divorce decree and becomes legally binding upon court approval. The document should be drafted with professional legal assistance to ensure compliance with Dutch family law and to protect both parties' interests.

What sections should be included in a Divorce Contract?

1. Parties: Identification and details of both spouses, including full names, addresses, and marriage details

2. Background: Brief history of the marriage, including date and place of marriage, and confirmation of intention to divorce

3. Definitions: Key terms used throughout the agreement

4. Grounds for Divorce: Statement of irreconcilable differences (duurzame ontwrichting) as grounds for divorce

5. Division of Community Property: Detailed arrangement for division of joint assets and liabilities

6. Principal Residence: Arrangements regarding the marital home, including transfer of ownership or termination of lease

7. Financial Settlement: Complete financial arrangements including bank accounts, investments, and other assets

8. Spousal Maintenance: Terms and conditions of any partner alimony (partneralimentatie), including duration and amount

9. Pension Rights: Division of pension rights accumulated during marriage as per Dutch Pension Rights Separation Act

10. Tax Matters: Arrangements regarding tax implications and responsibilities

11. Final Provisions: Legal provisions including governing law, dispute resolution, and amendment procedures

What sections are optional to include in a Divorce Contract?

1. Child Arrangements: Required if the couple has children - includes custody arrangements, visitation schedules, and child maintenance

2. Business Interests: Required if either party owns a business - includes arrangements for division or continuation of business interests

3. International Assets: Required if the couple owns property or assets in other countries

4. Pets: Arrangements for pet custody and care if applicable

5. Insurance Policies: Required if there are joint insurance policies that need to be addressed

6. Intellectual Property Rights: Required if either party has IP rights that need to be addressed

7. Future Inheritance Rights: Optional waiver of inheritance rights from each other's estates

8. Name Changes: Arrangements regarding the use of married names post-divorce

What schedules should be included in a Divorce Contract?

1. Schedule 1: Asset Inventory: Comprehensive list of all joint and individual assets with agreed values

2. Schedule 2: Liability Inventory: List of all joint and individual debts and liabilities

3. Schedule 3: Division Schedule: Detailed breakdown of how assets and liabilities will be divided

4. Schedule 4: Pension Overview: Details of pension arrangements and division calculations

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

6. Appendix B: Property Valuations: Professional valuations of significant assets like real estate

7. Appendix C: Financial Statements: Recent bank statements, investment accounts, and other financial documentation

8. Appendix D: Child Care Plan: Detailed parenting plan if applicable, including holiday arrangements and communication protocols

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

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses





































Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Family Services

Social Services

Banking

Pension Management

Public Administration

Relevant Teams

Legal

Family Law

Dispute Resolution

Notarial

Financial Advisory

Real Estate

Tax Advisory

Social Services

Court Administration

Mediation

Relevant Roles

Family Law Attorney

Legal Counsel

Mediator

Notary

Financial Advisor

Pension Advisor

Real Estate Agent

Tax Consultant

Social Worker

Family Court Judge

Legal Assistant

Paralegal

Court Clerk

Divorce Coach

Estate Planner

Industries








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