สำนักงานกฎหมายครอบครัวในเนเธอร์แลนด์: คุณจะเลือกสำนักงานที่เหมาะสมได้อย่างไร?

A good family law firm in the Netherlands handles Dutch กฎหมายครอบครัว as a core practice, can deal with cross-border cases and tells you the costs before it starts. You always need a Dutch lawyer (advocaat) for a divorce, because only a lawyer can file the petition with the court; the exception is ending a registered partnership without minor children, which can be done by agreement.

This guide explains what Dutch family law covers and which criteria help you compare firms. If your case involves business assets or wealth abroad, see our guide on การเลือกสำนักงานกฎหมายครอบครัวสำหรับคดีหย่าร้างที่ซับซ้อน.

กฎหมายครอบครัวของเนเธอร์แลนด์ครอบคลุมอะไรบ้าง?

Dutch family law (personen- en familierecht) covers divorce, parental authority and contact, maintenance, parentage and adoption, mostly governed by Book 1 of the Dutch Civil Code (BW). In one separation, several of these areas usually come together.

A divorce (echtscheiding) is always granted by a court in the Netherlands; a notary cannot dissolve a marriage. If you have minor children, a parenting plan (ouderschapsplan) must be filed with the petition under Article 815 of the Code of Civil Procedure (Rv). A registered partnership without minor children can be ended by a signed agreement drawn up by a lawyer or notary.

In decisions on parental authority (gezag) and contact (omgangsregeling), the best interests of the child are the central standard, and joint parental authority continues after divorce by default. Read more on เมื่อสามารถจำกัดการติดต่อได้.

Child and partner maintenance (alimentatie) are calculated with the Trema guidelines of the Dutch judiciary, based on the needs of the child or partner and the paying capacity of both parents. Since 1 January 2020, partner maintenance lasts at most five years in most cases.

Adoption always requires a court decision. Domestic adoption, including stepparent and foster-parent adoption, remains possible. The Dutch government is phasing out intercountry adoption and no longer accepts new applications; files already under way are being completed.

For unmarried fathers, the date of acknowledgement matters. Since 1 January 2023, acknowledging a child normally gives both parents joint authority automatically; for children acknowledged before that date, joint authority must still be registered in the custody register (gezagsregister) or granted by the court.

Which criteria help you choose a family law firm?

Look at five things: specialisation, international experience, the choice between mediation and litigation, transparent fees and availability in urgent matters. Each is easy to check in a first conversation.

Is family law a core practice?

A firm where family law is a main practice follows new legislation and case law closely. Ask how many divorce and custody cases the lawyer handles and whether they regularly appear before the family judge at the District Court.

Can the firm handle cross-border cases?

Many families in the Netherlands have different nationalities, assets abroad or children born elsewhere. In such cases EU Regulation 2019/1111 (Brussels II ter), the Hague Child Abduction Convention of 1980 and the Hague Child Protection Convention of 1996 often decide which court has jurisdiction. Ask whether the lawyer works in your language and has handled cases under these rules.

Does the firm consider mediation?

Not every family dispute needs a court fight. A mediator can help you reach agreement, after which one lawyer files a joint petition. A good lawyer assesses early whether mediation or litigation suits your case, because a joint petition is usually faster and cheaper.

Are the fees clear from the start?

Ask for the hourly rate, a fixed fee for an uncontested divorce if offered, and an estimate per phase. Also ask whether you qualify for state-funded legal aid (gesubsidieerde rechtsbijstand or toevoeging) via the Legal Aid Board (Raad voor Rechtsbijstand), which depends on your income and assets.

Is the lawyer reachable when it is urgent?

Family matters can become urgent overnight, for example when a parent threatens to take a child abroad. Then you may need interim measures (voorlopige voorzieningen) under Article 821 Rv or summary proceedings within days. Ask how the firm handles urgent requests.

What should you check before you instruct a family lawyer?

• Whether the lawyer is registered with the Netherlands Bar (Nederlandse Orde van Advocaten) and practises family law regularly.
• Whether you receive a written engagement letter with the fee arrangement and an estimate.
• Whether you may qualify for state-funded legal aid from the Raad voor Rechtsbijstand.
• Whether the lawyer has experience with Brussels II ter and the Hague Conventions if your case is international.
• Whether mediation or a joint petition has been considered as an alternative to proceedings.
• Which documents you need: marriage certificate, children’s birth certificates, income details and any prenuptial agreement.

What can we do for you with a family law matter?

Our ทนายความครอบครัว in Eindhoven และ Amsterdam work for Dutch and international clients, in English and Dutch.

• We file your divorce petition and draft the divorce settlement and parenting plan.
• We calculate child and partner maintenance using the Trema guidelines.
• We handle cases on parental authority, contact and international child custody, including abduction under the Hague Convention.
• We apply for interim measures or summary proceedings when a matter is urgent.
• We advise on domestic adoption, acknowledgement and recognition of foreign divorces.
• We agree the fee arrangement with you in writing before we start.

สรุป

• A divorce in the Netherlands always goes through the court and requires a lawyer to file the petition.
• With minor children, a parenting plan is mandatory under Article 815 Rv.
• Compare firms on specialisation, international experience, mediation, fee transparency and availability.
• In cross-border cases, Brussels II ter and the Hague Conventions often decide which court has jurisdiction.

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