Possibilities Of Divorce Without The Intervention Of A Judge is possible if both parties agree. Partners who do not have minor children can divorce without the intervention of a judge, provided they mutually agree on agreements, etc. The registrar of births, marriages and deaths can pronounce the divorce.
You can still go to court for your divorce, but that is no longer necessary. If you do have children, the procedure is still the same. Parents are still obliged to draw up a parenting plan, which must be approved by the judge.
Divorce is easier and cheaper thanks to this procedure. A divorce previously took a few months and also several hundred dollars.
Mandatory mediation in divorce with children
In the event of a divorce, parents with children must be obliged to enlist the help of a mediator, a so-called mediator. An amendment to this effect was submitted by the SGP in 2015.
They want to prevent lengthy, bitter lawsuits from taking place. Before the parents go to court, a number of discussions have taken place with a mediator. Parents are obliged to draw up a parenting plan, but the SGP wanted this to be done with the help of a mediator.
The aim of the SGP is to minimize the emotional consequences for the child as much as possible. In Great Britain and Scandinavia, a mediator in a divorce has been mandatory for some time.
In these countries, the number of confrontational divorces appears to have fallen sharply. As parents you can assume that the child in question loves both parents.
A mediator can prevent a long-term conflict between the parents, so that the child does not have to be in a conflict. This prevents the children from being the ultimate loser.
It is important that divorced women talk about dividing the pension during the divorce. Otherwise, this could potentially lead to a significant pension shortfall for women. As many as two thirds of divorced women do not talk about this at the moment.
Research by Experts has shown that about 45 percent of women wrongly believe that a divorce will not affect their pension. However, a divorce has consequences for both partners with regard to the accrued pension.
In addition, this study showed that one quarter of the women do not know that they have accrued pension during their marriage and one third of the women do not know that they have to record information about the pension in the event of a divorce.
‘Very disturbing figures’, Accourding to Josine Westerbeek-Huitink she says that women think too little about their pension.
In addition to agreements about the house, the children and alimony, it is also very important to make agreements about the pension.
Payment is no longer made automatically via the pension provider if women do not report that they are no longer married within two years.
It is not the case that the right to the part of the pension lapses completely, but it means that it must be asked whether the ex-partner pays the pension on the commencement date.
In some cases this contact is not desired. In such a case, there is a subdistrict court judge. If no one points out to you that pension distribution exists, this can easily have major financial consequences.
In the worst case, you will even receive a considerably lower pension than to which you are actually entitled.
According to the law, a former partner is entitled to half of the accrued pension of the ex-partner during the marriage or registered partnership in the event of a divorce. It is possible to make other agreements about this in a divorce agreement.