Dissolution of Registered Partnership in Delft

Dissolution of Registered Partnership in Delft

The dissolution of a registered partnership in Delft legally terminates your partnership, similar to a divorce but typically less complex. Residents of Delft can handle this mutually with the registrar of the Municipality of Delft or via the District Court of The Hague. Key requirements: no minor children and agreement on the settlement. This article outlines the steps, rights, and obligations specific to Delft.

Legal Basis for Dissolution

The registered partnership is governed by Book 1 of the Civil Code (CC), articles 1:80 to 1:88 CC. Dissolution is based on article 1:84 CC, with grounds including:

• Death of a partner;
• Marriage entered into by a partner;
• Dissolution by the court (art. 1:85 CC);
• Since January 1, 2018: mutual dissolution by the registrar (art. 1:84(2) CC).

The straightforward route via the Municipality of Delft works without children and with consensus on asset division. Otherwise, proceed via the District Court of The Hague, similar to divorce proceedings. Read more about registered partnerships in our in-depth article.

Options for Dissolution in Delft

Two main routes for dissolution of a registered partnership in Delft:

Mutual Dissolution by the Registrar

Since the Simplification of Divorce Law Act (2018), a quick and affordable option. Requirements for Delft residents:

• Full agreement between partners;
• No joint minors;
• No disputes over asset division.

Step-by-step process:

1. Draft a joint petition including agreements on housing, furnishings, and pensions.
2. Submit to the registrar of the Municipality of Delft (where the partnership was often registered).
3. Review within about 2 weeks, followed by an appointment to make the declaration.
4. Registration in the records makes the dissolution immediately effective.

Costs: around €80 (court fee 2024); no lawyer required.

Dissolution via the District Court of The Hague

If children, disagreements, or objections are involved: file a petition with the District Court of The Hague (art. 1:85 CC). Similar to divorce:

1. Lawyer prepares the petition (mandatory).
2. Court reviews and schedules a hearing.
3. Agreement: ruling within months; disputes: additional hearings possible.

Costs: court fee €326 (2024) + lawyer (€1,000–€5,000, depending on the case).

Asset Division and Financial Settlement

Address the division of management and living expenses (art. 1:87 CC). By default, community of property applies unless limited. For Delft practice:

• Home: Sale or mortgage transfer to one partner.
• Pension: Division per pension fund rules.
• Debts: Equal split, or as agreed.

Draft a settlement agreement. In disputes, the court decides.

Impact on Children

With minors, the District Court of The Hague approves the care arrangements and child support (art. 1:251 and 1:404 CC). Parents remain equally liable, e.g., through co-parenting.

Comparison with Divorce

Details on divorce available elsewhere.

Delft Case Examples

• Example 1: Anna and Bob from Delft, childless, draw up settlement and notify Municipality of Delft: separated after 3 weeks. Costs: €100.
• Example 2: Karel and Lisa from Delft with a 5-year-old child, dispute over support. Lawyer at District Court of The Hague: €250/month awarded.
• Example 3: Upon partner's death: automatic dissolution, estate via inheritance law (inheritance law).

Rights and Obligations

Rights: Partner maintenance (3 years, art. 1:157 CC), pension division, benefit entitlements.

Obligations: Share information, honor settlement agreement, pay child support.

Post-dissolution: no inheritance rights, but agreements remain binding.

Tips for Delft Residents

• Consider mediation (€100–€200/hour, mediation).
• Have the settlement agreement notarized.
• Check mortgage and benefits with Municipality of Delft.
• Call the free Juridisch Loket Delft or local lawyers for advice.
• Keep documents: copies, valuations.