Šķiršanās tiešsaistē: kā šķirties attālināti Nīderlandē

A Dutch divorce can be arranged almost entirely at a distance: your lawyer files the petition digitally, the agreements are negotiated and signed by video and email, and in a joint petition without children the court decides without a hearing. What does not change are the legal requirements: the same documents, the same agreements and, at the end, registration of the divorce within six months.

Working remotely changes how the process runs, not what it requires. The district court (rechtbank) assesses the case in the same way whether you live in Eindhoven vai ārzemēs.

Ko var pārvaldīt attālināti?

The intake, the exchange of financial information and the drafting of the divorce covenant (echtscheidingsconvenant) and the parenting plan (ouderschapsplan) can all be done without meeting in person. If you agree on everything, your lawyer files one joint petition (gemeenschappelijk verzoek) with the district court.

Without minor children the court decides on the papers, without a hearing. With minor children, a hearing is only held if the parenting plan or a conversation with a child shows that one is needed; some courts then allow participation by video link, but that is for the court to decide.

The covenant and the parenting plan are private agreements, not notarial deeds, so they can be signed electronically. Under Article 3:15a of the Dutch Civil Code (BW) an electronic signature is valid if the method is reliable enough, and an established signing platform gives a clearer record than a scanned wet signature.

Kam vēl nepieciešama papildu aprūpe?

Three points deserve attention when you divorce at a distance. The first is identification: your lawyer must verify who you are, usually with a valid passport or identity card and a video call.

The second is financial disclosure, where remote divorces most often go wrong. Pension statements, mortgage documents, bank statements and property valuations must be produced and checked, not summarised by one spouse; pension equalisation falls under the Pension Rights Equalisation (Divorce) Act (Wet verevening pensioenrechten bij scheiding).

The third is the children. With minor children a parenting plan is mandatory under Article 815 of the Dutch Code of Civil Procedure (Rv), and for children aged 18 to 21 you must also agree maintenance and study costs. A plan drawn up at a distance needs more detail rather than less, because you will not be at the same table to resolve what was left vague.

Kad attālināta šķiršanās nav pareizā pieeja?

A remote process through a single lawyer is not appropriate where there is a serious imbalance between you, where one spouse lacks a clear picture of the finances, or where there has been pressure or abuse. In those situations each of you needs your own lawyer and some contact in person; a one-sided petition must in any case be filed by a lawyer.

Kas mainās, ja viens no laulātajiem dzīvo ārzemēs?

Two questions come first: whether the Dutch court has jurisdiction, and which country’s law applies to the divorce and its financial consequences. Within the EU, jurisdiction for the divorce itself follows the Brussels II-ter Regulation (Regulation (EU) 2019/1111), which looks mainly at where the spouses live.

The answers can differ for the divorce, the maintenance and the property regime, and together they decide where it is best to file. We settle both questions before a petition is filed, not after.

Kāpēc reģistrācija joprojām ir svarīga?

You are only divorced once the court’s decision is registered in the register of civil status (burgerlijke stand) of the municipality where you married, and under Article 1:163 BW this must happen within six months after the decision becomes final. After that period the decision can no longer be registered and you remain married.

The appeal period is three months after the decision. If both of you sign a deed of acquiescence (akte van berusting) stating that you will not appeal, the decision can be registered straight away. Couples who arranged everything remotely are the most likely to overlook this last step.

What should you check before you sign remotely?

• That you have seen the full financial documents yourself, including pension overviews and the mortgage.
• That the parenting plan covers residence, care, information, holidays and the costs of the children.
• Which court has jurisdiction and which law applies if one of you lives abroad.
• That the covenant is signed through a reliable electronic signing platform.
• Who arranges the deed of acquiescence and the registration within six months.

What can we do for you with a remote divorce?

We handle divorces for clients in the Netherlands and abroad; more about our work is on our šķiršanās advokāts lappuse.

• We hold the intake by video and verify your identity.
• We check jurisdiction and applicable law before anything is filed.
• We draft the covenant and parenting plan and arrange electronic signing.
• We file the joint petition with the district court.
• We arrange the deed of acquiescence and the registration with the municipality.

Kopsavilkums

• Nīderlandes laulības šķiršanu gandrīz pilnībā var nokārtot tiešsaistē, taču juridiskās prasības ir tādas pašas kā klātienes laulības šķiršanas gadījumā.
• A joint petition without children is decided without a hearing; with minor children a parenting plan is mandatory (Article 815 Rv).
• Identifikācijai, finanšu informācijas atklāšanai un detalizētam vecāku plānam ir jāpievērš lielāka uzmanība no attāluma, nevis mazāk.
• When a spouse lives abroad, jurisdiction and applicable law are settled before the petition is filed.
• You are only divorced once the decision is registered, within six months after it becomes final.

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