Divorce mediator vs. lawyer
A mediator is a neutral, independent third party who leads mediation sessions. The role of the mediator is to assist both parties (spouses) in identifying, negotiating, and reaching a mutually acceptable agreement on the various issues and financial matters required to end their marriage outside of court.
The divorce mediator actively participates in the negotiations during a mediation session, but the spouses retain full control over the divorce agreement and the decisions they will make.
The alternative is that each party is represented by his or her own lawyer whose job it is to express thoughts and feelings in clear but powerful legal language. A lawyer-driven divorce is more expensive, lengthy, and cannot be peaceful.
It is possible to receive a subsidised legal aid (gesubsidieerde rechtsbijstand or toevoeging) from the government that can partially cover the costs if both parties qualify. See the brochure here!
Custody of children
If you have children born from marriage you must provide a parenting plan to the District Court signed by both parents. The parenting plan needs to entail on how parents will share caring for their children, stay in contact, and manage finances.Children aged 12 and over have the legal right to express their opinion about the parenting plan, before the court make the final decision.
Ending a registered partnership
A registered partnership can be ended in the same way that a marriage can be ended. However, if the couple does not have children and both parties agree to the terms, they can reach an agreement without going to court by working with a lawyer.
