Family Law

In the Netherlands, the default matrimonial property regime is community of property (gemeenschap van goederen), meaning all assets and debts acquired before and during marriage are considered joint property and divided equally upon divorce. However, since January 2018, the law changed so that for new marriages, only property acquired during the marriage is automatically considered community property. Pre-marital assets, inheritances, and gifts remain separate property. Couples can opt out of the default system by creating a prenuptial agreement (huwelijkse voorwaarden) that specifies different arrangements for property division.

Dutch family law strongly favors joint parental authority (gezamenlijk gezag) after divorce, with both parents continuing to share legal responsibility for major decisions regarding children's upbringing, education, and healthcare. The court's primary consideration is the best interests of the child. Parents are required to develop a parenting plan (ouderschapsplan) that outlines custody arrangements, visitation schedules, and how they will share information and make decisions about their children. If parents cannot agree, the court will intervene and establish arrangements based on what it determines is best for the children, considering factors such as existing care patterns, stability, and the child's relationship with each parent.

As of January 2020, the maximum duration for spousal maintenance (partneralimentatie) in the Netherlands is 5 years, reduced from the previous 12-year period. However, there are exceptions: if the marriage lasted less than 5 years and produced no children, maintenance is limited to the duration of the marriage; if there are children under 12, maintenance can continue until the youngest child reaches 12; and if the receiving spouse was born before January 1, 1970 and the marriage lasted at least 15 years, maintenance can last up to 10 years. Courts can also extend maintenance in cases of serious illness or hardship. The amount is based on the recipient's needs and the payer's financial capacity, with a general guideline that the recipient should maintain approximately 60% of the combined net income enjoyed during marriage.

Adoption in the Netherlands involves several steps. For domestic adoption, prospective parents must first register with the Dutch Adoption Service (Nederlandse Adoptiedienst) and complete a home study conducted by the Child Protection Board (Raad voor de Kinderbescherming). For international adoption, they must work through a licensed adoption agency. Eligibility requirements include being between 25 and 41 years old (with some exceptions), being married or in a registered partnership for at least 3 years, and meeting health and financial stability criteria. The entire process typically takes 2-5 years. Stepparent adoption requires the child to have lived with the stepparent and biological parent for at least 3 years, and generally requires the consent of the other biological parent unless they have been absent from the child's life.

The most effective way to protect your business in case of divorce is through a prenuptial or postnuptial agreement (huwelijkse voorwaarden) that explicitly excludes the business from community property. Other protective measures include maintaining clear separation between personal and business finances, properly documenting any personal funds used for the business as loans rather than investments, establishing a business structure like a BV (private limited company) with clear shareholder agreements, and considering a business prenup (ondernemersovereenkomst) that addresses how business interests would be handled in case of divorce. If you already own a business and are getting married, it's advisable to have it professionally valued before marriage to establish a baseline value that would remain separate property.