Persons and family law
At TEAM Advocaten, the proceedings and consequences of a divorce are in reliable hands. We can file the petition for divorce with the court for one or both spouses. We can also apply for preliminary relief, arranging aspects such as spousal and child maintenance, the division of care and use of the home.
Settlement / parenting plan
With our help, spouses can reach arrangements that are recorded in a divorce settlement or – if minor children are involved – a parenting plan. We’ll file this document together with a petition for divorce with the court. This process, which grants the divorce without a hearing, takes about four weeks.
Community of property
Once the petition for divorce has been filed, the community of property is dissolved and divided between the spouses. Although the basic rule is to divide all assets and debts in half, it is possible to deviate from this rule.
Marriage contracts – whether prenuptial or postnuptial agreements – are recorded in a notarial deed. Various types of marriage contracts exist and these can exclude any community, allow limited community (of the home, for example) and a periodic or final setoff clause. Settling marriage contracts in a divorce is not straightforward.
An ex-spouse who wants to claim spousal maintenance must file an application with the court. The court determines the ex-spouse’s needs, whether they have income that can meet or partly meet those needs, and whether the other ex-spouse has the capacity to pay spousal maintenance.
Ex-spouses can claim half of the retirement pension that accrued during their marriage. This rule can be deviated from in marriage contracts or at the time of the divorce.
Each parent must contribute to the cost of caring for and educating their child. If parents do not live together, they must agree how these costs will be divided, looking at their income, ability to pay and the division of care between the parents. The guiding principle in this regard is the Maintenance Standards Report (TREMA report).
Division of care
When parents separate, they must make arrangements to share the care of their child. These agreements are recorded in a parenting plan. If the parents cannot reach consensus, we can ask the court to rule on the division of care.
Parents who have a child during their marriage have joint custody by operation of law. Couples living together can have this recorded in the custody register. We’re here to assist you if you want to apply to the court for joint or sole custody.
Acknowledgement and denial
Acknowledgement is required to become the legal parent of a child. If the mother does not consent to your acknowledgement, you can request substitute consent. If you are not the biological but are the legal parent, you can submit a request for denial. If the biological or natural father refuses to acknowledge your child, then parenthood can be established by court order.
Even when couples living together separate, a lot needs to be arranged. If there is common property, such as a home, it must be divided. Arrangements on maintenance and division of care must be made for any children. If consensus cannot be reached, the court must rule.
You can approach the court to see whether you can change your first name. The judge will then assess whether you have a compelling interest. This is the case if there is a spelling error, your name does not fit your religious or other beliefs or if you are psychologically troubled by your first name.
Family supervision order or custodial placement
Parents may have to deal with a petition for a family supervision order or custodial placement. This is a far-reaching event that requires expert support.
Indeed, this practice area involves a lot of specialist work. Our experienced lawyers offer personalised help, whatever is at stake for you.
TEAM Advocaten: rightly pursuing your goal.