Law of persons and family law
Are you or is your spouse considering a divorce? Of have you collectively come to the conclusion that you want to separate? Our lawyers happy to you. We discuss the procedure and consequences of the divorce with you.
In order to divorce, a divorce petition has to be filed with the Court. This request can be filed by our lawyers for one of the spouses, or for both spouses jointly.
We treat all topics that apply to you in a divorce:
- community of property
- nuptial agreement
- partner maintenance
- child maintenance
- care division
If it is necessary, a preliminary injunction can be requested from the Court during the divorce proceedings. This injunction can, among other things, be on partner and child maintenance, the distribution of care, and the use of the property.
Spouses can make arrangements together with the help of our lawyers. These arrangements are recorded in a divorce agreement and, if minor children are involved, a parenting plan. Subsequently, the divorce petition is filed with the Court, together with the divorce agreement and parenting plan. The divorce will be pronounced by the Court without an oral hearing. In this case, the divorce proceedings takes about four weeks.
Community of property
If spouses have not agreed upon nuptial agreements, there is a community of property. The community of property is dissolved at the time of submission of the divorce petition. Next, the dissolved community will be divided between the spouses. The general rule is that all assets and debts are divided in equal shares. Derogations may be justified on the basis of goods or debts attached to one of the spouses.
Nuptial agreements are recorded in a notarial deed. There are many types of nuptial agreements. There may be there matter of, among others, exclusion of every community (cold exclusion), a limited community (of the property, for example), a regular set-off clause, and a final set-off clause. The settlement of the nuptial agreements is often not easy. Our lawyers will assist you in an expert manner.
The ex-spouse who wants to claim partner maintenance has to petition a request with the Court. Subsequently, it is important to determine the need of the ex-spouse, whether there is an own income that can (partially) provide in this need, and whether the other ex-spouse has the capacity to pay the partner maintenance. Our lawyers have extensive experience in both requesting partner maintenance and defending against it.
Ex-spouses can claim half the old-age pension accrued during the marriage. This may be derogated from with the nuptial agreements or the divorce. Our lawyers can advise you about this. If you divorced between 1981 and 1995, another regulation applies to you: the so-called Boon-Van Loon ruling applies. This means the amount of the accrued pension has to be equally divided. With our expertise, we can assist you in this.
Als u tussen 1981 en 1995 gescheiden bent, dan geldt voor u een andere regeling: het zogenaamde Boon-Van Loon arrest is van toepassing. Hierbij moet de waarde van het opgebouwde pensioen bij helfte worden verdeeld. Met onze deskundigheid staan wij u hierin graag bij.
Every parent is obliged to contribute to the costs of care and upbringing of their child. If parents do not live together (anymore), they must make agreements on how to divide these costs. First, de costs (the need) of the child have to be determined. Next, the amount of the income of each parent, and their capacity, will be looked at. Finally, the division of care between the parents will be taken into account. The Trema standard applies as a guideline for the determining of the need of the child and the capacity of the parents. Our lawyers advise you and litigate for you.
Division of care
If parents separate, they must agree on the division of care for their child. These agreements have to be recorded in a parenting plan. Our lawyers can assist you with the drafting of the parenting plan. If you and the other parent fail to come to agreements, our lawyers will petition a request with the Court to decide upon the division of care.
Parents who have a child during their marriage, have joint authority by operation of law. Cohabitants can register the joint authority in the public authority register. Our lawyers can assist you in requesting joint or single authority with the Court.
Recognition, denial, and judicial determination of paternity
To become a legal parent of a child, recognition is required. If the mother does not grant you permission to recognise the child, you can request permission from the Court. If you are not the biological parent, but the legal parent, you can submit a request for denial. If the biological father or natural father refuses to recognise your child, the parenthood can be determined judicially. Our lawyers can advise you about this and assist you in these procedures.
If cohabitors separate, much like a divorce, many things have to be arranged. If there are joint possessions, such as a property, they have to be divided. If there are children, agreements have to be made about child maintenance and the care division. Our lawyers can advise you and, if it you are unable to make agreements, they can request the Court to make a decision.
Changing a first name is possible, if the District Court finds that the applicant has a substantial interest. This can be the case if there is a spelling error, if the name doesn’t suit the (religious) belief(s) of the applicant, or if the applicant is psychologically burdened by the first name. To change a first name, a petition has to be filed with the District Court. Our lawyers can help you with this.
Custodial control order and custodial placement
Parents may have to deal with the petition for family supervision and custodial placement. Our lawyers can expertly assist you in this very significant event.