Discharging Joint and Several Liability upon Divorce in The Hague
Joint and several liability means that as an ex-partner in The Hague, you remain legally liable for the debts of your former partner, as if they were your own obligations. After a divorce, this can lead to significant financial risks. Fortunately, in the Netherlands, it is possible to be discharged from this liability under specific conditions. This article discusses the procedure, relevant legislation, and practical steps, with attention to local institutions such as the District Court of The Hague.
What does joint and several liability entail?
Under joint and several liability, you act as co-responsible for another person's debts, such as a joint mortgage or joint loan during the marriage. Even after the divorce in The Hague, this continues to apply until you actively apply for discharge.
A typical case is the mortgage on the former marital home. When both you and your ex signed, you remain liable for repayment and interest, even if you live elsewhere. Problems arise if your ex no longer meets the obligations.
Legal basis for discharge in The Hague
Discharge from joint and several liability is laid down in the Civil Code (BW), articles 6:109 and 6:110. The Divorce Act additionally regulates the division of debts post-divorce.
Article 6:109 Civil Code
Pursuant to 6:109 Civil Code, you can obtain discharge by:
- A written request to the creditor (e.g., bank) to terminate your liability.
- Consent of the creditor.
- No written objection within 14 days after your request.
Article 6:110 Civil Code
If no response is received, you can initiate proceedings at the District Court of The Hague, Prins Clauslaan 60. The court will grant this unless there are compelling objections.
Division of debts upon divorce
In a divorce settlement agreement or by judicial decision, the division of debts can be recorded. Automatic discharge is rare and depends on specific circumstances.
Practical examples in The Hague
Example: joint mortgage on the ex-home. Your ex no longer pays, you no longer live in the Hague-team. Step-by-step plan:
- Written request to creditor (letter/email) for discharge.
- Wait 14 days: no response = discharge.
- Objection? Initiate proceedings at the District Court of The Hague.
The same approach applies to a car loan.
Overview of rights and obligations
Key aspects of joint and several liability:
| Rights of ex-partner | Obligations of ex-partner |
|---|---|
| Divide debts with ex. | Pay debts (or agree otherwise). |
| Apply for discharge under conditions. | Inform creditor of divorce. |
| Prepare divorce settlement agreement. | Comply with agreements. |
Assistance in The Hague
Contact the Juridisch Loket The Hague, Lutherse Burgwal 10 for free advice. For proceedings: District Court of The Hague, Prins Clauslaan 60.