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Free Guide to Hiring a Family Lawyer
Military divorce in Ruinen follows Dutch national family law, with some practical and financial issues that are specific to service life. Ruinen is part of the municipality of De Wolden in the province of Drenthe. Most divorce cases from this area are handled by the District Court of Northern Netherlands, often at the Assen location. Dutch law governs the grounds, procedure, children arrangements, property division, maintenance, and the registration of the divorce. Being in the armed forces can add cross-border questions, deployment constraints, pension issues through ABP, and housing or security clearance considerations.
The only ground for divorce in the Netherlands is irretrievable breakdown of the marriage. A lawyer admitted to the Dutch bar must file the petition. If you have minor children, a parenting plan is mandatory. The divorce is only final once the court decree is registered in the civil registry of the municipality where the marriage was recorded.
A lawyer helps you navigate both the general rules of Dutch family law and military-specific details. Common reasons to instruct a lawyer include cross-border postings and jurisdiction questions, making and filing a parenting plan that fits deployment schedules, calculating child support and partner maintenance when income includes allowances and irregular components, dividing pensions accrued with ABP and handling the required forms, choosing or confirming the correct matrimonial property regime especially if you married before 2018 or abroad, requesting temporary court orders for use of the home, child arrangements, or interim maintenance, enforcing or modifying orders if a posting changes circumstances, addressing protection orders or urgent safety issues, and coordinating practical consequences for service housing and security clearance reporting.
A lawyer can also guide you through mediation, negotiate a settlement, and ensure the final decree is registered correctly so the divorce becomes legally effective.
Grounds and procedure: The sole ground for divorce is irretrievable breakdown. A petition is filed by an advocaat. You can submit a joint petition if you agree on all issues, or a unilateral petition if you do not. Hearings are often brief or on the papers if there is a full agreement. The divorce is effective only after registration of the court decree in the civil registry. There is a deadline to register, generally within six months after the decree becomes final.
Children: If you have minor children, a written parenting plan is required addressing residence, care arrangements, decision-making, information sharing, and costs. Courts expect realistic arrangements that account for deployments and irregular hours. International travel with a child requires consent of the other parent or a court order. International relocation with a child requires consent or a court decision.
Maintenance: Child support and partner maintenance are assessed using Dutch guidelines often called the Trema norms. The court considers need and capacity to pay, including base pay and recurring allowances that function as income. Reimbursements and strictly cost-compensating allowances are usually excluded. Partner maintenance was reformed in 2020. As a general rule it lasts a maximum of five years and often equals half the marriage length, with statutory exceptions for long marriages, when caring for young children, and when the recipient is close to state pension age. Transitional rules may apply in some cases. Maintenance can be adjusted if circumstances change, for example after a posting.
Property regimes: If you married on or after 1 January 2018 without a prenuptial agreement, the default regime is limited community of property. Premarital assets and debts remain private, and inheritances and gifts are excluded unless agreed otherwise. If you married before 2018 without a prenuptial agreement, the default was community of property. International couples may be subject to special conflict-of-law rules or the EU matrimonial property regulation. A lawyer can determine the applicable regime and division method.
Pensions: Dutch law provides for pension equalization on divorce under the Pension Rights Equalization Act. For most Defence employees pensions are with ABP. To arrange direct payment after divorce you generally submit the required form to ABP within two years after the divorce is registered. Former partners may also have rights to special survivor benefits. Conversion of pension rights can be agreed if appropriate.
Jurisdiction and applicable law: Dutch courts usually have jurisdiction if at least one spouse is habitually resident in the Netherlands, or on other bases provided by EU rules. Military postings can complicate habitual residence, so early legal advice is important. Under EU rules on divorce law, eligible spouses may choose the applicable law from a limited list. If no valid choice is made, default rules determine the law.
Provisional measures and enforcement: You can request temporary orders for parental arrangements, the use of the marital home, and interim maintenance. The national maintenance collection office can help enforce child support if needed. Domestic violence measures and protective orders are available through the court and police. Mediation is widely used, and court-annexed mediation can be offered.
Local process points: Cases from Ruinen are generally filed with the District Court of Northern Netherlands. The municipality of De Wolden handles registration of the divorce decree in the civil registry if your marriage was recorded there. Subsidized legal aid is available for eligible clients through the Legal Aid Board, and free first-line legal information is available from The Legal Help Desk.
Divorces from Ruinen typically go to the District Court of Northern Netherlands. Drenthe cases are often heard at the Assen location of that court. Your lawyer files the petition there if you or your spouse live in the district. If you are posted abroad, jurisdiction may still lie with the Dutch court depending on habitual residence and nationality rules.
Yes. If you agree on all issues, one lawyer can file a joint petition for both spouses. The lawyer functions as a neutral facilitator and drafts the settlement agreement and parenting plan. If disagreements arise or conflicts of interest exist, each spouse should have their own lawyer.
Your lawyer can handle filings and most communication remotely. The court can decide a case on the papers in many joint cases. If a hearing is needed, remote appearance may be possible. Plan ahead for service of documents, signing of the parenting plan, and timing around deployments. A power of attorney can be arranged for practical steps.
A fully agreed joint divorce can be completed within a few weeks to a few months. Contested cases take longer. The divorce becomes legally effective only when the court decree is registered in the municipal civil registry where the marriage was recorded. There is a deadline to register, generally within six months after the decree becomes final.
Parents retain joint parental authority unless the court decides otherwise. The parenting plan should reflect duty rosters, temporary care arrangements during deployment, communication routines with the child, and handover protocols. If relocation or international travel is expected, include consent procedures and fallback arrangements. If parents disagree, the court decides based on the child’s best interests.
The court looks at need and ability to pay using Dutch guidelines. Regular base salary and recurring income-like allowances are generally included. Pure reimbursements or temporary cost compensations are usually excluded. Provide full pay statements showing base pay, holiday allowance, allowances for irregular hours or hardship, and any other benefits, so the calculation is accurate.
Under the Pension Rights Equalization Act, each spouse is entitled to a share of the pension accrued during marriage. For Defence personnel with ABP, you can arrange direct payment by filing the ABP form within two years after registration of the divorce. You can also agree to convert pension rights into separate entitlements. Special survivor benefits for the former partner are addressed as part of the process.
If you married on or after 1 January 2018 without a prenuptial agreement, the default is limited community of property. If you married before 2018 without a prenuptial agreement, the default was full community of property. If you married abroad or moved countries, international rules may point to a different law. Your lawyer will determine the applicable regime and how to divide assets such as the home, savings, vehicles, and debts.
Recognition depends on where the divorce was granted and the applicable recognition rules. EU divorces are usually recognized without a separate procedure. Divorces from other countries can be recognized if basic due process and jurisdiction standards are met. To update Dutch records, you still need to register the foreign divorce with the municipality or designated registry.
Eligibility for service housing may change after separation or divorce. Check Defence housing policies early and plan for alternative accommodation if needed. Major life events, financial problems, or contentious disputes can be relevant for security vetting. Notify your security officer or the Defence vetting authority as required and manage financial obligations diligently to reduce risk.
District Court of Northern Netherlands family division, including the Assen location that handles many Drenthe cases.
Municipality of De Wolden civil registry for registering the divorce decree if your marriage was recorded there.
ABP Pension Fund for Defence employees and former employees regarding pension equalization and survivor benefits.
Ministry of Defence Human Resources Service and Defence social work for practical guidance on postings, housing, and family support.
Veterans Desk for support services to veterans and their families.
The Legal Help Desk for free first-line legal information.
Legal Aid Board for subsidized legal aid eligibility and applications.
National Maintenance Collection Agency for help enforcing child support and partner maintenance.
Mediation Federation of the Netherlands register to find accredited family mediators.
Domestic Safety Hotline for advice and support in cases of domestic violence or urgent safety concerns.
Immigration and Naturalisation Service for residence matters affecting non-Dutch spouses following divorce.
Clarify your goals and any urgent issues, such as living arrangements, access to children, or interim financial support. If there is any risk to safety, contact the police or the domestic safety hotline immediately and ask your lawyer about protection orders.
Collect key documents, including a recent extract from the municipal registry, your marriage certificate, birth certificates of children, pay slips and allowance overviews, tax returns, mortgage and debt statements, proof of assets and bank accounts, and any prenuptial agreement.
Consult a Dutch family law lawyer who has experience with military postings and ABP pensions. Ask about joint filing if you agree on most issues. Consider mediation to reach a durable parenting plan and settlement.
Work with your lawyer to prepare the parenting plan, maintenance calculations, property inventory, and pension forms. If needed, request temporary court orders for urgent matters while the case is pending.
After the court issues the decree, ensure it is registered promptly in the civil registry so the divorce becomes legally effective. Update records with the municipality, Defence HR, ABP, your bank and insurer, and the tax authorities. If applicable, inform your security officer of the change in personal circumstances.
If you are stationed abroad or expect a new posting, coordinate timelines with your lawyer so hearings, signatures, and registration can be managed without delay.
This guide is general information. Every situation is different. A local Dutch family lawyer can give tailored advice for your circumstances in Ruinen and the wider Drenthe region.
