Divorce in the Netherlands during the asylum procedure

Do you and your partner want to divorce during the asylum procedure? If so, this could have major consequences for your and your partner's asylum procedure. It can also have consequences if you want to apply for family reunification at a later date. And are your children here? Then you have to make arrangements about their care, for example. Consult your lawyer before you get divorced.

These may be the consequences in the following situations: 

1. You and your partner are both in the asylum procedure in the Netherlands The Immigration and Naturalisation Service (IND) will then process your asylum applications separately from each other. Are you not both in danger in the country of origin? If not, the IND may decide that only one of you is entitled to asylum.

2. Your partner is abroad Do you want to apply for family reunification with your partner after you have been granted asylum but are separated? If so, the IND may determine that you are no longer partners and you can no longer apply for family reunification for your partner.

If you do not feel safe with your partner in the reception centre, tell one of the COA staff and ask if they can help you.

Before you decide to get divorced, you and your partner can talk to a psychologist about your problems. The psychologist can help you find a solution to your relationship problems. This is called relationship therapy.

In the Netherlands, people are more likely to ask a psychologist to help them with relationship problems than friends and family. In the Netherlands, relationship therapy with a psychologist or coach is very common to find a solution to marriage problems. You can ask your general practitioner for help from a psychologist.

You cannot just go to court to get a divorce yourself. If you want a divorce in the Netherlands, you need a lawyer. If you are not a Dutch citizen, you can ask for a lawyer who specialises in divorce and has knowledge of immigration law.

A lawyer must file for divorce with the court. If 1 of the partners does not want a divorce, you can also file for divorce on your own. The court will then decide whether you can divorce or not. To file for divorce on your own, you must have lived in the Netherlands for one year or more.

Does your partner live abroad? And has your partner already filed for divorce there? Then you can no longer do that yourself in the Netherlands. The court in the other country is then responsible for finalising the divorce.

So in the Netherlands, divorce is always a legal situation. Your lawyer will discuss with you what you need to arrange in your situation and how to do it. Do you have children younger than 18? Then you have to make arrangements about their care, for example.

Do you have a bad argument with your partner that makes it difficult to settle a divorce? Then you can also call in a mediator. A mediator is independent and supports you and your partner in making good agreements about your divorce.

It costs money to get divorced. Namely, you have to pay the lawyer and perhaps the mediator. The amount depends on your income and savings. The court, with the help of your lawyer, examines whether you can afford the divorce or whether you are entitled to financial support during the divorce.

There are organisations that can help you with your divorce. You can find a lawyer or mediator yourself, or you can seek help from:

• Your contact at VWN can give you more information about divorce. And provide advice on your situation.

• Het Juridisch Loket can also help. On their website you can find information about offices in your area. If you need an interpreter at an interview, you can also tell them.