Children
Children Every year, 70,000 children are involved in a divorce, and this can have radical consequences. A great deal of attention has recently been paid to the position of children when their parents separate. If there is a disagreement or even a full-blown dispute, this can have serious ramifications for the children's welfare. It's therefore […]
Pensions
Pensions The division of pensions has to be dealt with separately from the division of other assets. After all, a pension is not an element of one's assets, but rather a deferred salary. In terms of the Dutch Equalization of Pension Rights in the Event of a Divorce Act, both […]
Contested proceedings
Contested proceedings Sometimes, legal proceedings cannot be avoided. So much may have happened that reasonable discussion is no longer possible, or the parties' positions may simply be too far apart. If there is a difference of opinion concerning a significant financial interest, taking action may make sense. One party may consider, for instance, that the […]
Collaborative Divorce
Collaborative Divorce In a collaborative divorce, each party has his or her own lawyer. The rules of the game are similar to those of mediation: the process is confidential and each party should be completely open with the other about how matters stand. They should deal with each other respectfully and the interests of the […]
Mediation
Mediation Mediation is often used to deal with conflicts in family law. It avoids what are often lengthy and costly legal proceedings. Mediation is often used in divorces or for cohabitants who are separating. But it is also gaining ground in succession issues. Mediation is advisable primarily in cases where a relationship or marriage is […]
Care arrangements
Care arrangements If you separate, you will also have to make arrangements about sharing out the care for your children. Sometimes, the children continue to live with one parent, while the other parent only has them at weekends. Co-parenting is an increasingly common phenomenon. However, this requires positive attitudes. If the parents are unable to […]
Parenting plan
Parenting plan If parents are about to divorce, they are obliged to put together a parenting plan. This is a legal requirement. They have to deal with at least the following topics in the parenting plan. They must make arrangements about the division of care and upbringing duties. They should also agree on the address […]
Partner alimony
Partner alimony When a married couple splits up, there may be an obligation to pay a partner alimony. This will be the case if one of the spouses earns more than the other or if only one partner generates income. If there are no children, and if the marriage has lasted less than five years, […]
Community of property
Community of property Current legislation If people do not enter into a marriage contract, they are married with community of property. This means that the spouses share all property and bear all liabilities together, whether or not these were acquired or incurred during or before the marriage. On a divorce, the entire community of property […]
Marriage contract
Marriage contract Many people have a civil-law notary draw up a marriage contract either before or during the marriage. These often state that there is no community of property whatsoever between the spouses, but that they will be obliged to compensate each other for (part of) the assets accrued during the marriage by means of […]