The divorce covenant in Den Haag
A divorce covenant Den Haag is a written agreement between spouses that sets out arrangements regarding the consequences of the divorce. It covers provisions for children, finances, the home, and maintenance. This document forms the core of an amicable divorce and is approved by the Den Haag District Court, making it legally enforceable for residents of Den Haag.
Why draft a divorce covenant in Den Haag?
In a divorce in Den Haag, it is essential to make clear arrangements for the future. Without a covenant, the Den Haag District Court decides on all issues, which can be time-consuming and costly. With a covenant, partners determine suitable solutions themselves. This speeds up the process, especially when children are involved. In The Hague practice, covenants often lead to a divorce within a few weeks of submission to the Den Haag District Court.
The covenant is mandatory for a joint divorce petition (art. 811 Code of Civil Procedure, Rv). It minimizes conflicts and provides certainty. In mediation – see our article on mediation in divorce – such a covenant often emerges, ideal for couples in Den Haag.
Legal basis of the covenant
The divorce covenant is governed by Civil Code Book 1 (BW) and the Code of Civil Procedure (Rv). Relevant provisions:
- Art. 811(1) Rv: In a joint petition, parties submit a covenant with arrangements on children and division of assets to the Den Haag District Court.
- Art. 809(1) Rv: The court checks whether the arrangements are reasonable, particularly for children.
- Art. 1:247 BW: Child support according to Tremaguidelines in the covenant.
- Art. 1:157 BW: Spousal support based on marriage duration and incomes.
- Art. 3:294 BW: Division of marital property in community of property.
Since the Divorce Simplification Act (2020), no hearing is often required at the Den Haag District Court if the covenant complies.
Contents of a Den Haag divorce covenant
A robust covenant for Den Haag is comprehensive and specific. Standard elements:
- Care arrangements and children's residence: Primary residence or alternating model, aligned with Den Haag school schedules.
- Child support: Monthly amount, payment method, and inflation adjustments.
- Spousal support: Amount, duration, or waiver.
- Division of assets: House in Den Haag, savings, pension, and debts.
- Housing arrangements: Who keeps the home, with assistance from the Den Haag Municipality for priority declarations.
- Pension division: Splitting of partner pension via summary proceedings.
- Additional arrangements: Costs for pets or insurance.
Practical example from Den Haag
Take Anna and Bert from Den Haag, divorcing after 10 years with children aged 8 and 12. Their covenant: children live with Anna, Bert pays €400 child support. Anna keeps the house in Schilderswijk and pays Bert €200 spousal support (5 years). Car and savings account divided equally. The Den Haag District Court approves it, fitting their incomes (€3,000 and €2,500 gross) and the children's best interests.
Rights and obligations under the covenant
An approved covenant from the Den Haag District Court has the force of a judgment:
- Right to enforcement: Bailiff attachment for maintenance defaults.
- Obligation to cooperate: In property transfers.
- Modification: In changed circumstances (art. 1:160 BW spousal; art. 1:407 BW children).
The court rarely modifies it unless unreasonable.
Comparison: covenant vs. court proceedings in Den Haag
| Aspect | Den Haag Covenant | Court Proceedings |
|---|---|---|
| Duration | 4-8 weeks | 6-18 months |
| Costs | €500-€2,000 (lawyer + court fees) | €3,000+ (proceedings) |
| Control | Self-determined, court reviews | Judge decides |
| Flexibility | High | Low |
| Emotional impact | Low | High |
Frequently asked questions
Is a Den Haag divorce covenant always mandatory?
No, only for joint petitions. Unilateral proceedings are more expensive and slower at the Den Haag District Court.
Can I modify the covenant later?
Yes, in cases of change like job loss. File a new petition with the Den Haag District Court.
What if one party fails to comply?
Bailiff for maintenance or assets. Serious cases: return to Den Haag District Court.
Do I need a lawyer for the Den Haag covenant?
Yes, recommended for complexity. Save via Den Haag Legal Aid Office or mediation.
Tips and recommendations for Den Haag
For a solid divorce covenant:
- Comprehensive and specific: Include everything, including Den Haag housing situations.
- Consult the Den Haag Legal Aid Office for free advice.
- Discuss with the Den Haag Municipality for housing support.
- Use mediation for quick resolution in Den Haag.