Are you an expat going through a divorce in the Netherlands? Navigating the complexities of divorce proceedings in a foreign country can be challenging, but mediation offers a valuable solution for expats seeking a smoother  process. Marcella Verwoerd from GMW Lawyers explains.

Within family law, mediation is increasingly being used as a way for ex-partners to reach agreements on crucial matters such as drawing up a parenting plan if children are involved and the financial settlement of a marriage.

Mediation also provides a platform for open communication and constructive dialogue, allowing parties to work towards sustainable agreements that cater to their unique needs and circumstances.

How does it work?

During mediation, you will engage in meetings together, guided by a mediator. The primary objective is to reach agreements on topics relevant to the end of a relationship. The mediator also focuses on facilitating communication between the parties and addressing their emotions. This helps develop mutual understanding and means agreements can be made in a less confrontational way.

Of course, the focus is also on understanding the applicable international law. This is – especially for expats – a topic that can vary case by case, and it is important to examine each specific situation to determine which law applies, followed by an explanation of its provisions.

It is then up to the parties – under the expert guidance of the mediator – to make agreements that either align with the law or to deviate from it (if possible) through mutual agreement. Mediation often offers opportunities to make tailor-made agreements, which are then documented by the mediator in a divorce settlement agreement.

What are the benefits of mediation?

For a start, the process can be much more tailored to individual needs than is possible within a court procedure. You make the agreements yourselves; it is not a judge imposing something on you.

In addition, mediation offers an opportunity for parties to redefine their roles from partners to co-parents or colleagues in parenting. By embracing this shift and working towards a cooperative co-parenting relationship post-divorce, you can create a positive foundation for the future.

Mediation is typically concluded more quickly than a judicial procedure and is frequently more cost-effective as you collectively cover the fees for a single mediator instead of engaging two lawyers.

Online mediation for international divorces

Mediation can take place face to face but it can also be done online, making it even more accessible. This form of mediation is often used in our office for international divorces, where the parties do not both reside in the same country, and has proven to be very successful.

With online mediation becoming more prevalent, expats can participate in mediation sessions anywhere in the world. This convenience reduces the stress and logistical challenges often associated with traditional divorce proceedings.

By using online mediation in the field of family law, the consequences of a divorce can be discussed in a good and trusted manner, while maintaining the quality and human factor that are so important for navigating such an important process.

For expats in particular, mediation is a tailored and effective approach to navigating divorce proceedings in the Netherlands. By embracing the benefits of mediation you can experience a smoother, more efficient, and less stressful divorce process that prioritises your unique needs and fosters a positive path forward.

If you are going through a divorce in the Netherlands and considering mediation as an option, feel free to contact GMW Lawyers. We are here to assist you.