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Free Guide to Hiring a Family Lawyer
This guide explains the main legal aspects of marriage in Delft, Netherlands, and what to expect if you are planning to marry, are married and facing a dispute, or need to arrange family matters. In the Netherlands marriage has legal consequences for property, tax, parental authority and inheritance. A civil marriage at the municipality is the legally binding ceremony; religious ceremonies do not by themselves create legal marriage. Dutch law also recognises registered partnerships and same-sex marriage, and foreign marriages are usually recognised if valid where they were celebrated.
People consult a lawyer about marriage for many reasons. A family-law lawyer can help you understand your rights and obligations, draft and review prenuptial agreements, deal with separation or divorce, negotiate child custody and support, sort out division of assets and debts, handle international or cross-border questions, and address domestic-violence or protection-order issues. Lawyers also advise on the recognition of foreign marriages, migration and residency implications of marrying a non-Dutch partner, inheritance consequences and disputes between spouses or ex-partners.
Key points about how marriage and family law works in Delft and the wider Netherlands:
- Civil marriage requirement - Only a civil marriage performed by the municipality creates legal marital status under Dutch law. You arrange this with the municipal civil affairs department (burgerzaken).
- Ondertrouw - You normally register your intention to marry with the municipality in a procedure called ondertrouw. Municipalities commonly require you to register at least 14 days before the ceremony, but exact practice and deadlines can vary.
- Documents - The municipality will ask for identity documents, birth certificates and proof of civil status. Foreign documents often need an apostille or legalisation and a certified translation.
- Property regime - Dutch law recognises different matrimonial property regimes. If you do not sign a prenuptial agreement (huwelijkse voorwaarden) before marrying, a statutory regime will apply. Many couples consult a civil-law notary to establish prenups that set out how assets and debts are divided.
- Registered partnership - An alternative to marriage that has similar legal effects is the registered partnership (geregistreerd partnerschap). It can be converted into a marriage in many cases.
- Parental authority and children - Parents normally share parental authority. Child custody and maintenance are separate legal areas and are decided based on the child’s best interests. Courts and mediators work to create parenting plans when parents separate.
- Divorce and separation - Divorce is a court procedure. The court will address division of assets in line with the chosen property regime, parental authority, custody and maintenance. Mediation is encouraged and often used to reach agreements outside court.
- Recognition of foreign marriages - Marriages performed abroad are usually recognised if they were valid under the law of the place where they were celebrated. There can be exceptions for serious conflicts with Dutch public order.
- Same-sex marriage - Same-sex couples have the same marriage rights as opposite-sex couples in the Netherlands.
Yes. A civil ceremony at the municipality is required for legal marriage under Dutch law. Religious ceremonies do not create legal marriage unless you have first completed the civil procedure.
Typically you will need valid passports, birth certificates, and proof of civil status such as a certificate of no impediment or equivalent. Foreign documents often require an apostille or legalisation and certified translations. Municipal requirements vary, so check with the Municipality of Delft well before your intended date.
Yes. You can agree on a prenuptial agreement - called huwelijkse voorwaarden - with a civil-law notary before you marry. The notary will draft and register the agreement. Without such an agreement, a statutory property regime will apply.
Dutch law treats the birth name as the legal surname in official registers. Spouses can use a partner’s name socially and on informal documents, but the birth name remains the official name in many administrative contexts unless you formally change it according to Dutch name-change rules.
Municipalities commonly require registration of intent to marry at least 14 days prior to the ceremony, but the exact deadline and administrative steps vary. Book an appointment with the Municipality of Delft’s civil affairs office as early as possible.
For separation or divorce you should consult a family-law lawyer or a mediator. If you have minor children, you will need a parenting plan or proposals for custody and contact. You and your lawyer or mediator can negotiate an agreement or apply to the court for a divorce and related rulings on maintenance, custody and asset division.
Division depends on the matrimonial property regime that applies. Assets acquired during marriage are handled under the applicable regime, and prenuptial agreements can change the default division rules. Complex assets like businesses, pensions and international property often need specialist advice from lawyers or notaries.
Generally, yes if the marriage was valid under the law of the country where it took place. Recognition can be affected by document formalities, and in rare cases a marriage may be refused recognition if it conflicts with Dutch public order. If there are doubts, seek legal advice early.
Child custody and maintenance decisions focus on the child’s best interests. Parents are encouraged to agree on parenting arrangements, but the court will decide if parents cannot agree. Child maintenance amounts follow national guidelines and are enforced by collection agencies if necessary.
Yes. If you meet certain income and asset criteria you may qualify for legal aid through the national Legal Aid system administered locally. The Legal Aid Board (Raad voor Rechtsbijstand) assesses eligibility. Even if you do not qualify, many lawyers offer a first consultation or fixed-fee services, and mediation can be a lower-cost option.
These local and national bodies are commonly used by people dealing with marriage law matters in Delft:
- Municipality of Delft - civil affairs department (burgerzaken) for civil marriage registration and details about ceremonies and required documents.
- Dutch national government - civil affairs and family law information provided by government departments concerned with civic registration and family law.
- Royal Dutch Association of Civil-law Notaries - for prenuptial agreements and property-regime advice.
- Raad voor Rechtsbijstand - the Legal Aid Board that administers subsidised legal assistance if you qualify.
- Raad voor de Rechtspraak - general information about courts and divorce procedures in the Netherlands.
- MfN Registermediators or certified family mediators - mediation services for couples wishing to reach agreements outside court.
- Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) - for issues about child maintenance collection and enforcement.
- Your country’s embassy or consulate in the Netherlands - for information on document requirements for marriages involving foreign nationals and consular assistance.
Follow these practical steps if you need legal assistance with marriage matters in Delft:
- Contact the Municipality of Delft civil affairs office early to find out their specific requirements, deadlines and costs for civil marriage registration.
- Gather essential documents now - passports, birth certificates, proof of civil status and any divorce or death certificates if previously married. Arrange required legalisation or certified translations for foreign documents.
- If you want a prenuptial agreement, contact a Dutch civil-law notary well before the wedding date - a notary must prepare and register the agreement prior to marriage.
- If there is a dispute, separation or international element, consult a qualified family-law lawyer experienced in Dutch and international family law. Prepare a list of questions and bring relevant documents to your appointment.
- Consider mediation as a first step for resolving disputes about separation, custody or finances - it is often faster and less costly than court.
- Check whether you are eligible for subsidised legal aid via the Legal Aid Board and apply if you meet the criteria.
- If language or translation is an issue, arrange an interpreter for meetings with the municipality, notary or lawyer.
If you are unsure where to start, contact the Municipality of Delft’s civil affairs office to confirm administrative steps for marriage and then seek tailored legal advice for prenuptial agreements, separation, or international matters.
