Termination of Registered Partnership in Rotterdam

Termination of Registered Partnership in Rotterdam

For residents of Rotterdam, terminating a registered partnership provides a straightforward way to legally dissolve the partnership, similar to divorce but often faster and cheaper. This can be done through the civil registry officer of the Municipality of Rotterdam by mutual consent, or via the District Court of Rotterdam in case of disputes. Key requirements: no minor children and agreement on asset division. This article outlines the steps, rights, and obligations specifically for Rotterdam residents.

Legal Basis for Termination in Rotterdam

The rules are laid down in Book 1 of the Dutch Civil Code (DCC), articles 1:80-1:88 DCC. Article 1:84 DCC covers dissolution due to:

• Death of a partner;
• Marriage of a partner;
• Dissolution by the District Court of Rotterdam (art. 1:85 DCC);
• Since 2018: mutual declaration before the civil registry officer (art. 1:84(2) DCC).

The fast-track option via the Municipality of Rotterdam requires no children and agreement on finances. Otherwise, proceed via the court, similar to divorce. More on partnerships? See our article registered partnership.

Options for Termination in Rotterdam

Two main routes for Rotterdam residents:

Mutual Dissolution via the Municipality of Rotterdam

Since the Divorce Simplification Act (2018), a popular and affordable choice. Requirements:

• Full consent of both partners;
• No joint minor children;
• No disputes over asset division.

Step-by-step process:

1. Jointly prepare a petition with agreements on home, possessions, and pensions.
2. Submit to the civil registry officer of the Municipality of Rotterdam (where the partnership was registered).
3. Review within about 2 weeks, followed by an appointment for the declaration.
4. Entry in the registers: effective immediately.

Costs: approx. €80 (court fee 2024), no lawyer required.

Dissolution via District Court of Rotterdam

In cases involving children, disputes, or objections: file a petition with the District Court of Rotterdam (art. 1:85 DCC). Similar to divorce:

1. Lawyer (mandatory) prepares the petition.
2. Court reviews and schedules a hearing.
3. Consent: ruling within months. Conflict: additional hearings.

Costs: €326 court fee (2024) + lawyer (€1,000-€5,000).

Asset Division and Finances in Rotterdam

Arrange the settlement of property and residence (art. 1:87 DCC). Default is community of property. Practical advice for Rotterdam residents:

• Home: Sell or transfer mortgage to one partner.
• Pension: Divided by the fund, as in divorce.
• Debts: Split equally, or by agreement.

Draw up a settlement agreement. In disputes: court decides.

Impact on Children

With minors, the District Court of Rotterdam approves the care arrangement and child maintenance (art. 1:251, 1:404 DCC). Parents remain jointly liable, e.g., co-parenting with fixed contact.

Comparison with Divorce

Divorce details: divorce.

Examples from Rotterdam Practice

• Example 1: Anna and Bob from Rotterdam-South, childless, draw up settlement and notify Municipality of Rotterdam. Divorced after 3 weeks, costs €100.
• Example 2: Karel and Lisa from Rotterdam-West with 5-year-old child, dispute over maintenance. Lawyer to District Court of Rotterdam; court awards €250/month.
• Example 3: On partner's death: automatic dissolution, estate via inheritance law (inheritance law).

Rights and Obligations

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

Obligations: Share information, implement settlement, pay child maintenance.

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

Tips for Rotterdam Residents

• Consider mediation for agreement (mediation, €100-€200/hour).
• Have settlement notarised.
• Check mortgage, benefits, and allowances, e.g., via Municipality of Rotterdam.
• Call free Legal Aid Office Rotterdam for advice.
• Document everything: copies, valuations.