Court Fees for Divorce in Den Haag
The court fee for divorce is the amount you owe to the Den Haag District Court for handling your petition to dissolve the marriage or partnership. This contribution covers the registry costs and is essential to initiate the proceedings. In 2024, it amounts to €91 for a joint petition and €330 for a unilateral petition, with possible surcharges based on income. For Den Haag residents: find all the details here, including exemptions and local arrangements through the Den Haag Municipality or Den Haag Legal Aid Office.
What is a court fee?
A court fee is a fixed charge for civil proceedings at the court, as regulated in the Court Fees in Civil Cases Act (Wgr). For divorce in Den Haag, you pay this upon filing the petition with the Den Haag District Court. It is not a fine, but covers court costs. Without payment, your case will not proceed.
Within family law, specifically divorces, the Annex to the Wgr sets rates that vary by procedure: lower for agreements between partners, higher for unilateral requests due to greater judicial involvement.
Legal basis for court fees
The Court Fees in Civil Cases Act (Wgr) (Bulletin of Acts and Decrees 2001, 288) is the governing law. Key provisions:
- Article 1 Wgr: defines court fee as compensation for case handling.
- Article 35 Wgr: establishes fee categories and amounts, with annual adjustments.
- Article 40 Wgr: provides for exemptions, including for legal aid cases.
Fees are set annually by royal decree; for 2024 via the Court Fees Decree 2024. Check current information on the Rechtspraak website, specifically for the Den Haag District Court.
Court fees for divorce: 2024 rates
For proceedings at the Den Haag District Court, the following amounts apply:
| Type of petition | Court fee (low rate) | Surcharge for high income | Possible total |
|---|---|---|---|
| Joint petition (settlement agreement, little dispute) | € 91 | + € 82 (rate 2) | € 173 |
| Unilateral petition | € 330 | + € 297 (rate 2) | € 627 |
| With children < 21 years (all types) | Same as above | Same | Same |
Note: Low rate applies if reference income is below €31,500 (singles, 2024). Children do not affect the base rate but may lead to additional costs.
Practical examples for Den Haag
Example 1: Joint divorce without children. You and your partner sign a settlement agreement and file it with the Den Haag District Court. If income is below the threshold: €91 court fee, payable within 4 weeks via iDEAL or bank transfer.
Example 2: Unilateral divorce with children. Partner does not cooperate; lawyer files unilateral petition with Den Haag District Court. At €40,000 income: €330 + €297 surcharge = €627. Judge handles after hearing.
Example 3: Coverage through legal aid. With a legal aid certificate, the Legal Aid Board pays; apply via Den Haag Legal Aid Office.
Rights and obligations regarding court fees
Rights:
- Exemption via special assistance from the Den Haag Municipality (art. 40 Wgr).
- Coverage with legal aid certificate from the Legal Aid Board.
- Partial refund if proceedings do not proceed.
Obligations:
- Pay within 7 days of petition or summons.
- Send proof to the registry of the Den Haag District Court.
- Failure to pay? Case is suspended.
Frequently asked questions
Do I have to pay with a lawyer on legal aid?
No, the Legal Aid Board covers it. Arrange via your lawyer or Den Haag Legal Aid Office for the application.
Can I recover costs from my ex?
Yes, often via petition; the judge may order the other party to contribute, unless there are compelling objections. Joint: costs are shared.
No money for court fees?
Apply for special assistance from the Den Haag Municipality or exemption from the Den Haag District Court (form on rechtspraak.nl). Contact Den Haag Legal Aid Office for help.
Extra costs for custody disputes?
Base rate the same, but additional steps up to €627 each time.
Tips for Den Haag residents
Avoid hassle:
- Calculate reference income via rechtspraak.nl for the correct rate.
- Opt for joint petition: saves significant costs and time at the Den Haag District Court.
- Consult Den Haag Legal Aid Office for free advice.