Separation from Bed and Board Procedure in Amsterdam
The separation from bed and board procedure provides spouses in Amsterdam with a legal option under Dutch family law to live apart without immediately dissolving the marriage. The marriage remains formally intact, but partners stop living together and end their shared household. This is a popular alternative to full divorce, often due to religious, financial, or personal reasons in a vibrant city like Amsterdam. In this article, we explore the procedure, legal foundations, and practical local tips, building on our overview of separation from bed and board, with a focus on support from organizations such as the Amsterdam Legal Aid Office.
Legal Basis
The separation from bed and board is outlined in the Dutch Civil Code (BW), specifically in Book 1, Title 6. Key provisions include Article 135 BW for the definition and conditions, and Article 157 BW for the procedure. Unlike divorce, which dissolves the marriage (under Article 150 BW and following), this option maintains the marital bond, affecting inheritance rights and social benefits in Amsterdam, such as allowances through the Municipality of Amsterdam.
The process begins with a petition filed at the Amsterdam District Court by one or both partners. The judge verifies conditions such as an irretrievably broken relationship (Article 135(1) BW). Mediation is not mandatory, but the Amsterdam District Court often recommends it, and you can access it through the Amsterdam Legal Aid Office. After the ruling, a six-month reflection period applies, similar to divorce (Article 157(3) BW), giving Amsterdam residents time to reconsider their situation.
The Procedure Step by Step
The separation from bed and board procedure in Amsterdam is handled through the Amsterdam District Court and follows a clear path. Here is a step-by-step guide, tailored to local circumstances:
- Preparation and seeking local advice: Consult a family law attorney in Amsterdam, for example, through the Amsterdam Legal Aid Office for free initial assistance. Discuss reasons, child arrangements, alimony, and asset division to avoid complications in the urban environment.
- Filing the petition: Submit it to the Amsterdam District Court, in the Amsterdam district. The document outlines the facts, such as the relationship breakdown, and specifies issues related to children or assets (Article 157 BW). For Amsterdam residents with city housing, this is particularly relevant due to rental or ownership rules via the Municipality of Amsterdam.
- Hearing: The Amsterdam District Court schedules a hearing within weeks. Parties are heard; if agreed, a ruling follows immediately. Otherwise, a further session may occur, possibly with witnesses or local experts.
- Ruling and registration: If approved, the separation is registered in the Amsterdam civil registry. The six-month reflection period begins, during which parties can decide on reconciliation or conversion to divorce.
- Finalizing arrangements: Simultaneously, handle asset division, spousal support, and child maintenance, often in a settlement agreement that the court approves. In Amsterdam, you can engage a notary for local property matters.
The process typically takes 3 to 6 months in Amsterdam, depending on the case. Costs range from €1,000 to €5,000, including court fees of €700 and local attorney expenses.
Practical Examples
Consider Anna and Bert, married for 15 years with two children in Amsterdam-East. Due to ongoing conflicts, they opt for separation from bed and board because Anna's religion prohibits divorce. Anna moves to a rental apartment in the Pijp and files the petition with the Amsterdam District Court. The judge approves a settlement including spousal support from Bert and shared custody, with the children alternating every other week between Jordaan and East. They live separately but remain married for inheritance purposes.
Another case: Karel and Lisa, childless but financially linked in Amsterdam-South, use this procedure for a temporary break. They divide assets through an Amsterdam notary. After a year, they convert to divorce, supported by prior agreements.
These scenarios illustrate the flexibility for Amsterdam residents, as long as there is open communication.
Rights and Obligations
During and after the separation from bed and board procedure in Amsterdam, specific rules apply:
- Rights: Right to spousal support if there's an income disparity (Article 160 BW). Parents retain joint parental authority over children (Article 251 BW). The marriage continues, so inheritance rights and local benefits, such as those from the Municipality of Amsterdam, remain in effect.
- Obligations: Uphold marital obligations, such as fidelity and support. Exclusive use of the home for one partner (Article 136 BW). Both must cooperate and prioritize children's well-being, with assistance available from the Amsterdam Legal Aid Office if needed.
Crucial: Remarriage is not possible without converting to divorce (Article 135(4) BW), which requires extra attention in Amsterdam for international relationships.
Differences with Divorce
To clarify the separation from bed and board procedure in Amsterdam, we compare it with divorce:
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Marital Status | Remains intact | Is dissolved |
| Procedure Duration | 3-6 months | 6-12 months |
| Remarriage | Not possible | Possible after dissolution |
| Inheritance Rights | Remain intact | Are terminated |
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.