The Netherlands facilitates both marriage and civil partnerships for heterosexual and same sex couples. A civil partnership is also known as a registered partnership (‘geregistreerd partnerschap’) In The Netherlands. This article discusses how to dissolve civil partnerships and the legal consequences of ending the partnership.
Legal status of a civil partnership
The legal status of marriage and civil partnership are the same. Spouses and civil partners have the same legal rights and obligations under the law.
Just like marriage, civil partnerships create communal property from the time of conclusion, unless the partners conclude a pre-nuptial agreement. Civil partnerships concluded before 2019 without a prenuptial agreement, even entail a total community of property of all assets and debts from before and after the civil partnership. A postnuptial agreement can be agreed after the partnership, but this may not detrimentally affect existing creditors.
After a civil partnership, the same rules apply for spousal maintenance as after marriage. If one partner is not able to financially support themselves after termination of the civil partnership, then spousal maintenance may be owed.
Parties also by default share any pension built up during the civil partnership, unless they explicitly agree otherwise.
Terminating a civil partnership
A civil partnership can be dissolved in two ways.
Termination agreement
If you concluded a registered partnership within the Netherlands and you have no minor children, the partnership can be dissolved via mutual agreement. This legal document ending the partnership must be witnessed by a lawyer or notary and then registered with the authorities. Once registered with the municipality where the civil partnership took place, the divorce is immediate.
The separation agreement must contain provisions regarding the division of property and other financial matters, such as maintenance and pension. This is why it must be drawn up by a legal professional
Termination via the family court
If you do have children under age 18 or you cannot agree about the terms of separation, then one of the partners can apply for a court order to dissolve the civil partnership. This process is virtually identical to a divorce procedure. The termination is ‘no fault’. You do not have to state any reason for the request other than that the partnership has irretrievably broken down. The court may also decide on the financial consequences of the dissolution and with regards any children born to the partnership.
Jurisdiction for non-residents that concluded a civil partnership in The Netherlands
When introducing civil partnerships, the Dutch government recognised that civil or registered partnerships are not legally recognised in all jurisdictions. Same sex unions in particular are not recognised in many jurisdictions and therefore it is impossible to dissolve a civil partnership there.
Dutch law therefore simply states that if a partnership was concluded within The Netherlands, then you can apply for termination of the civil partnership in The Netherlands. This is irrespective of where you both live now.
However, current EU rules can take precedence over this. If the partners are currently living in an EU country that recognises civil partnerships, then the local court takes precedence. For example, France recognises civil partnerships and provides a legal dissolution process. If neither partner is living in The Netherlands, but one or both are living in France, then the process should take place in France.
The UK also recognises civil partnerships. However, due to Brexit, the UK is no longer part of the EU. If you now live in the UK, you can therefore choose in which jurisdiction to start the termination of the civil partnership. The Dutch process is short and does not have a statutory waiting time to complete.
Even if you no longer live in The Netherlands, then we would be happy to review your circumstances and options.
Contact us:
At Dutch Divorce lawyer we can provide a mutual agreement to dissolve the partnership or represent you in court proceedings to do the same. Please feel free to contact us about your situation.
