Termination of a registered partnership
Partners of the same sex or opposite sex who have a relationship with each other and do not wish to marry, can opt for a registered partnership. The registration of a registered partnership takes place when a civil servant of the registrar of births, deaths and marriages draws up a contract, just like in the case of marriage. The registration has - with the exception of the consequences for the children - the same legal effects as the entering into of a marriage. Partners who are in a registered partnership only exercise joint custody of their child/children at the time when the father acknowledges the child.
End of a registered partnership
A registered partnership is terminated when the registered partnership is converted into a marriage or because the partners decide to separate. The partnership also terminates on the death of one of the partners.
Procedure for the termination of a registered partnership
When partners decide to separate the registered partnership can in some cases be terminated without the intervention of the court. If the partners are in agreement and there are no minor children involved in this separation then no court needs to become involved. An agreement can be drawn up together with a lawyer or civil-law notary. This agreement will include a declaration by both partners that their registered partnership has irretrievably broken down and that they wish to terminate the partnership. Agreements must also be reached regarding, for example spousal maintenance
and the division of the assets and pension
. This agreement must be registered in the registers of the registrar of births, deaths and marriages. The date of the registration with the municipality is the date of the termination of the registered partnership.
Termination of the registered partnership with minor children
If partners cannot reach agreement and/or there are minor children involved, the court must be applied to for the pronouncement of the termination of the registered partnership. The application can be submitted unilaterally or together with the partner. The proceedings are the same as in case of a divorce
; a lawyer will have to be engaged for this. After the decision has become irrevocable, the person concerned must offer the decision within six months to the municipality for registration. The date of the registration with the municipality is the date of the termination of the registered partnership.
Sometimes the termination of a registered partnership can take more time if the partners cannot agree on specific subjects. Some matters, such as contact with the children, cannot wait that long. In those cases, preliminary relief can be applied for through a lawyer. The court will take a preliminary decision regarding the matters on which the partners cannot agree.
The termination of a registered partnership can have far-reaching, drastic and financial consequences. AK Advocaten would like to be of service to you during the drawing up of the agreement for termination of the registered partnership and would like to assist you during the court proceedings.
The family law specialists of AK Advocaten ensure that all conditions set are fulfilled and that your interests are thoroughly taken care of. Our lawyers are also specialised mediators and with their assistance you have the best chance to resolve matters jointly.
Please phone us or send an email to us for more information.
Please contact us.