Applying for a divorce together via a joint petition is often faster, cheaper, and less stressful than a unilateral procedure.
What does a joint petition entail?
In a joint petition, both partners jointly file a petition with the court. You have agreement on:
- The decision to divorce
- The division of property
- Any maintenance
- Arrangements regarding the children
Why choose a joint petition?
| Advantage | Explanation |
|---|---|
| Cost-efficient | Only one lawyer needed, so lower costs |
| Fast processing | Often settled within 3 to 6 months |
| Less conflict | No legal confrontations |
| No court hearing | Usually fully handled in writing |
Drafting the Divorce Settlement Agreement
For a joint petition, you jointly draft a divorce settlement agreement containing all arrangements regarding:
- Division of assets and debts
- Maintenance for partner and/or children
- Pension arrangements
- [Parenting Plan](https://rechtshulpdenhaag.nl/encyclopedie/ouderschapsplan-hoofdverblijf) (if there are children)
Procedure Steps
- Record agreements (possibly with the help of a mediator)
- Lawyer drafts the petition and settlement agreement
- Both partners sign
- Submit to the District Court of The Hague, Leiden location
- Judge reviews and pronounces the divorce
- Registration with the municipality of Leiden
Frequently Asked Questions about Divorce in Leiden
Can I still change my mind?
Yes, you can withdraw the petition until the judge has made 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 cannot reach agreement?
If there is no agreement, the joint petition cannot proceed and you must switch to a unilateral procedure.
Additional Questions and Answers
How long does a joint divorce take on average?
Typically, this process takes 3 to 6 months, depending on the workload at the District Court of The Hague, Leiden location, and the complexity of the case. Written handling often speeds up the procedure.
Do we both have to go to court?
No, in a joint petition, a hearing is usually not required. The judge handles everything in writing, unless additional information is needed.
What if we disagree on a detail, such as maintenance?
In case of disagreement, the joint petition cannot proceed. A unilateral petition is then necessary, in which the judge decides. Consider a mediator to reach agreement.
Can we share one lawyer?
Yes, that is possible in a joint petition. This saves costs, but in case of later conflicts, one of you must seek your own lawyer.
What must be included in the divorce settlement agreement?
The settlement agreement must contain arrangements regarding assets, debts, maintenance, pensions, and a parenting plan (if relevant). Ensure clear, legally correct arrangements.
Is a mediator necessary?
No, this is not mandatory, but a mediator can help in making arrangements and preventing conflicts, which smooths the process.
What does a joint divorce cost?
The costs are often between €1,500 and €3,000, depending on the case. This is cheaper than a unilateral petition due to sharing a lawyer and the absence of a hearing.
Contact and Support in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46