Family Law Contractualisation in the Netherlands – Changes and Trends

This chapter aims to highlight the significant changes Dutch family law has undergone with regard to private ordering of family relationships. Whereas most family law rules are still mandatory, choices increasingly are available: partners, irrespective of their gender, may enter into a marriage or into a registered partnership or may conclude a cohabitation agreement; out-court (administrative) divorce will soon be available for spouses without minor children and divorce agreements anyhow are encouraged and even compulsory with regard to the consequences of divorce with regard to minor children (‘parenting plan’). Alternative dispute resolution, including arbitration in areas where parties have the freedom to conclude binding contracts, is increasingly used. Future legislative evolutions might include forms of multi-parenthood; this remains to be seen in 2016.