Ending a civil partnership with a foreign citizen in the Netherlands

Last updated 8 June 2022

Lees deze informatie in het Nederlands

Different rules for divorcing a non-Dutch partner in the Netherlands

This page contains information about ending a civil partnership with a foreign citizen partner in the Netherlands. Different rules apply for divorcing a foreign citizen partner in the Netherlands. Depending on your situation, you have to arrange this with the ambtenaar van de burgerlijke stand (Registrar of Births, Deaths, Marriages and Civil Partnerships) or with the court.

Conditions for ending a civil partnership in the Netherlands

You can end a civil partnership with a foreign citizen partner in the Netherlands under the following conditions:

• You and your partner both live in the Netherlands.
• You and your partner both live outside the Netherlands, but the civil partnership was entered into in the Netherlands.
• You live in the Netherlands, but your partner lives outside the Netherlands. Does your partner not agree to end the civil partnership? You must have lived in the Netherlands for at least 6 months before you can request the ending of your civil partnership.
• Your partner lives in the Netherlands and you live outside the Netherlands.

Joint or unilateral application

You and your foreign citizen partner can submit the application for the ending of your civil partnership in the Netherlands jointly.

You or your partner can also apply unilaterally. This means that only one of the partners submits the request. However, rules apply to a unilateral request to end a civil partnership:

• Does the applicant hold Dutch citizenship? If so, the applicant must have lived in the Netherlands for at least 6 months at the time of the request. 
• Does the applicant not hold Dutch citizenship? Then the applicant must have been living in the Netherlands for at least 12 months at the time of submitting the application.  

These periods do not apply if you are submitting a joint application for the ending of a civil partnership or if your partner lives in the Netherlands.

Your partner has already applied to end your civil partnership outside the Netherlands

Has your foreign citizen partner already applied to end your civil partnership outside the Netherlands? Did your partner do so before you submitted your application in the Netherlands? In that case, you can no longer arrange for the ending of your civil partnership in the Netherlands. The Dutch court will decline jurisdiction in favour of the court outside the Netherlands. 

Do you want to end a civil partnership of a foreign citizen partner? Then seek legal help in all countries involved. This could be the Netherlands, but also the country of your foreign citizen partner. Or your own country, if you are not from the Netherlands. Each country has their own conditions for Family Law and these can vary greatly.

Residency in the Netherlands after ending a civil partnership

Do you not hold Dutch citizenship? Do you live in the Netherlands on a verblijfsvergunning (residence permit) obtained through your civil partnership? If so, your residence permit may expire if you end your civil partnership. Do you wish to continue living in the Netherlands after ending your civil partnership? Then apply for a new residence permit. Do you hold citizenship of a Member State of the European Union (EU) or the European Economic Area (EEA)? Then you do not need to apply for a residence permit.

Do you want to apply for a new residence permit? Then contact the Immigratie- en Naturalisatie Dienst – IND (Immigration and Naturalisation Service).

Court ruling on conditions of ending a civil partnership

Can you and your foreign citizen partner not agree on the terms of the ending of your civil partnership? If so then the Dutch court can make further rulings on other matters, for example:

• Agreements about your child(ren). Where the child(ren) will live, for example.
• How much partner and child support you or your partner will have to pay.
• How your finances and debts will be divided.

Options for ending a civil partnership with a foreign citizen partner

You have 2 options if you wish to end your civil partnership with your foreign citizen partner in the Netherlands.

Option 1: a joint declaration at the office of the ambtenaar van de burgerlijke stand

You file a declaration with the ambtenaar van de burgerlijke stand to end your civil partnership. However, there are conditions;

• you and your partner must agree on the terms of ending of the civil partnership, and
• there are no children under the age of 18 involved.

Option 2: a request at the court

Are you unable to meet the conditions of Option 1? Then you can apply to the court in the Netherlands for the ending of your civil partnership. You must employ a lawyer to submit the request. You and your partner can share a lawyer or each have your own lawyer.

Recognition of the ending of civil partnership outside the Netherlands

Have you applied for the ending of your civil partnership outside the Netherlands? Then this will be recognised in the Netherlands if:

• There was a fair trial; for example, both partners must have been sufficiently heard. 
• There is a ruling from a competent judge or other authority.

The municipality will assess your foreign documents for the ending of your civil partnership. Was your civil partnership ended in a country outside the EU? Then you must first have the documents legalised in the country where your civil partnership was ended. This means that the document can be used for legal purposes in other countries.

Not all countries recognise the ending of a civil partnership

Not all countries recognise the ending of a civil partnership that took place in another country. For example, some countries require both applicants to be present at the hearing.

The Netherlands recognises civil partnerships between same-sex couples. Some countries do not. In that case, other countries may not recognise the ending of a civil partnership that was formed by same-sex couples either. 

Ending a civil partnership outside of the Netherlands

Are you a citizen or resident of the Netherlands, and do you want to end your civil partnership outside of the Netherlands? Or register the ending of your civil partnership in the Netherlands? Find information at nederlandwereldwijd.nl on ending a civil partnership outside the Netherlands (in Dutch). You can also find information in English on registering the ending of your civil partnership in the Netherlands on the netherlandsworldwide.nl website.

Laws and regulations (in Dutch)

Burgerlijk Wetboek Boek 1 (Ontbinding van het huwelijk)

Wetboek van Burgerlijke Rechtsvordering

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