In the event of a divorce, agreements are often made in a divorce settlement regarding the division of joint assets, including the marital home. But what if the implementation of those agreements is postponed for years and one of the former partners ultimately refuses to cooperate? In practice, this leads to complex legal proceedings. A recent ruling by The Hague District Court of 10 March 2026 (ECLI:NL:RBDHA:2026:5070) illustrates how the court acts in such a situation.

What happened in this case?

The parties were married under the regime of universal community of property. The divorce was granted in 2011. In the divorce agreement signed by both parties, they agreed, amongst other things, that the house would be allocated to the husband, on condition that he could take over the mortgage in his name and the wife would be released from joint and several liability towards the mortgage lender. Until this had been arranged, the wife and children continued to live in the property. That situation ultimately lasted for almost fifteen years.

At the end of 2025, the husband summoned the wife to cooperate with the transfer of the property. To do so, she was required to sign forms for the mortgage application and the notarial deed of transfer, and she had to vacate the property. The wife refused, whereupon the husband brought summary proceedings.

What is a divorce agreement?

A divorce agreement is an agreement between former spouses in which they settle the consequences of the divorce, such as the division of the marital property, maintenance and the use of the marital home. The agreement is legally binding: both parties are obliged to comply with the arrangements made. The agreement is usually attached to the divorce decree and forms part of it.

Typical situations in which a settlement agreement leads to problems later on include:
• The home is allocated to one of the parties in the settlement agreement, but the actual transfer is postponed for years.
• One of the parties subsequently refuses to cooperate with the conveyance at the solicitor’s office or the transfer of the mortgage.
• A dispute arises over the interpretation of (provisional) agreements included in the settlement agreement.
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The law and compliance with the settlement agreement

A divorce settlement agreement is an agreement between two divorcing spouses. Under the general law of obligations applicable to all agreements, a party that fails to comply with the agreement may be compelled to do so by the court.

The ruling of The Hague District Court

The judge in summary proceedings at The Hague District Court ruled that the 2011 agreement remained fully binding on both parties, even though it had been drawn up almost fifteen years prior to the hearing. According to the court, the woman had not put forward any valid arguments on the basis of which the agreements would no longer apply.

The judge upheld the man’s claims on four counts:
1. Signing of financing forms: the woman was ordered to sign the forms for the transfer of the mortgage. If she failed to do so, the judgment would take the place of her declaration of intent pursuant to Section 3:300(2) of the Dutch Civil Code.
2. Cooperation with the notarial transfer: the woman was ordered to cooperate with the notarial transfer of the property to the man, on condition that the mortgage could actually be transferred into the man’s name and the woman was released from joint and several liability.
3. Vacating the property: the court considered that the agreement allowing the woman to continue living in the property ‘for the time being’ had expired after fifteen years. The principles of reasonableness and fairness dictated that the woman must vacate the property. In view of the circumstances, she was granted a longer period: she does not have to vacate the property before 1 November 2026, and only after the husband has confirmed in writing that the mortgage transfer has been successful.
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Practical advice.

• Do not unnecessarily delay the implementation of a covenant: ensure that the agreements made in the covenant regarding the property are implemented as soon as possible after the divorce. The longer you wait, the greater the risk of complications, such as changed financial circumstances or a lack of cooperation.
• Set out agreements as precisely as possible: describe in the agreement as specifically as possible what, for example, ‘provisional’ means, including a maximum term or a specific ground for termination. Vague wording leads to disputes over interpretation later on.
• Request cooperation in good time: send the other party a written, registered demand letter setting a reasonable deadline as soon as performance is required. This lays the groundwork for any potential legal proceedings.
• Engage a solicitor in good time: if cooperation is refused, summary proceedings may be the appropriate course of action. This requires a matter of urgency, which is often present in such cases if a financing offer is about to expire or the situation has been dragging on for a long time.
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Conclusion

The judgment of The Hague District Court of 10 March 2026 confirms that a divorce agreement is a binding contract which will be upheld by the court even after many years. Successfully refusing to cooperate with the implementation is more difficult if the agreement was concluded clearly and validly. At the same time, the ruling shows that ‘provisional’ agreements do not last forever. In principle, the court considers it reasonable for a temporary right of use to come to an end after a number of years have elapsed. Exactly how much time must elapse depends on all the facts and circumstances of the case. It is therefore very important to formulate agreements in a settlement agreement precisely and not to delay their implementation unnecessarily. In cases of doubt or conflict, timely legal advice is indispensable.

Do you have questions about the implementation of a divorce agreement, the division of the marital home or the fulfilment of agreements following a divorce?

At SPEE advocaten & mediation, we have extensive experience in family law, including the settlement of matrimonial property. We support clients in Maastricht and beyond with expert and dedicated advice. If you have any questions about a divorce or would like to know what this ruling might mean for your situation, please do not hesitate to contact us.