How often does it happen that people divorce when there are young adult children (aged 18 to 20) in the family? Sometimes parents manage to reach agreements between themselves about the costs of these children's education and living expenses and about who will contribute what amount, but this is not always the case. Can parents or young adults then ask the court to decide on the contribution to the costs of education and living expenses within their divorce proceedings?
In its judgment of 9 May 2025 (ECLI:NL:HR:2025:724) , the Supreme Court ruled on this question, which regularly arises in divorce practice: can a contribution to the costs of living and education for a young adult be determined by means of a provisional measure or ancillary measure within divorce proceedings? The answer is no.
Preliminary questions from the District Court of Rotterdam
The case concerned divorce proceedings, including provisional measures, in which both parents were authorised by their child, who had since reached the age of majority. The District Court of Rotterdam referred two preliminary questions:
- Does the young adult fall within the scope of Article 822(1)(c) of the Dutch Code of Civil Procedure? (In other words: can the young adult request a provisional measure regarding study and living expenses within the divorce proceedings of his/her parents?
- Can the procedure whereby an authorised parent submits a request on behalf of a young adult by analogy with Article 827(1), preamble and (g), of the Code of Civil Procedure on ancillary provisions in divorce proceedings be applied in provisional relief proceedings?
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No provisional or ancillary relief under Articles 822 or 827 of the Code of Civil Procedure
The Supreme Court answers both questions in the negative. The provisions of Article 822 and Article 827 of the Code of Civil Procedure relate exclusively to the care and upbringing of minor children. A young adult has his or her own legal claim against his or her parents from the age of 18 pursuant to Section 1:395a of the Dutch Civil Code, and a request for the determination of a contribution must therefore be made by the young adult himself or herself or through a parent authorised by him or her.
The Supreme Court is clear: determining a contribution for a young adult is not a provision between the spouses and cannot therefore be classified under the legal provisions applicable to divorce proceedings. Nor is it possible to invoke the so-called residual category of Article 827(1)(g) of the Code of Civil Procedure, which is intended to allow for additional ancillary provisions if there is sufficient connection with the divorce. The divorce has no effect on the independent claim of a young adult, and there is therefore insufficient connection with the consequences of the divorce.
What is possible? Article 223 of the Code of Civil Procedure offers a solution
Although Articles 822 and 827 of the Code of Civil Procedure, which deal with divorce proceedings between the parents, do not provide any scope, it is still possible for a young adult or his or her authorised parent to request a provisional measure in other proceedings under Article 223 of the Code of Civil Procedure. Namely, when a petition is also filed at the same time on the basis of Article 1:395a of the Civil Code in separate proceedings.
According to the Supreme Court, the court may then deal with this request on the basis of Article 223 of the Code of Civil Procedure at the same time as the requests within the divorce proceedings. This ensures procedural efficiency without violating the legal system.
Importance of the judgment for legal practice
This ruling is of great importance for family law practice. It prevents provisional measures for young adults from being based on incorrect legal grounds, while at the same time offering a clear route for cases in which a contribution is needed quickly and it is necessary to take into account both the consequences of the (imminent) divorce for the parents and their minor children, as well as their young adult children. By initiating separate proceedings on the basis of Article 1:395a of the Dutch Civil Code in conjunction with Article 223 of the Dutch Code of Civil Procedure, with an explicit request to the court to hear the proceedings simultaneously with the divorce proceedings or the provisional measures therein, there is still room for comprehensive decision-making.
The specialised family law solicitors at SPEE Solicitors & Mediation carefully guide their clients in choosing the right legal route, even when there are several children of different ages involved.
Do you have questions about the consequences of this ruling or would you like to know what steps are appropriate in your case? Please feel free to contact us for advice.