Divorce is drastic, especially when children are involved. Furthermore, dividing assets and debts can be complex.
In the event of a divorce, the care responsibilities must be divided. Co-parenting is a possibility, but it still often happens that the children continue to live with the mother after the divorce. Contact with the parent can be extensive or limited. Contact is not just a right – there is also a duty to care for both children.
Child support is a complicated subject. Government grants often change and work through to the calculation. The income from which the contribution must come may also fall. What do the children actually cost and who pays what part of it and how (child maintenance)?
We help draw up the legally required parenting plan. If it is not possible to reach an agreement, the case can be referred to the court. Then the judge makes the decisions.
With a rental property, the question is who will take over the rent. An owner-occupied home must be sold or “divided” . That means one buys out the other. Then half of the equity must be reimbursed and the other partner must get rid of the mortgage. If the house is not jointly owned, part of the value may have to be settled on the basis of the prenuptial agreement. What will happen to the house depends on the financial possibilities, but also on the question of what the interests are. In case of undervalue, a house sometimes remains joint property for a long time.
Spousal maintenance is appropriate if there is a large difference in income. The math is complicated. The concepts of “need” and “capacity” are decisive and have resulted in extensive case law.
Distribution of community of property
Community or prenuptial agreement?
If no prenuptial agreement has been drawn up at a civil-law notary before or during the marriage, the community of property applies under Dutch law. This includes (with a few exceptions) all assets and liabilities. In the event of a divorce, this community must be divided. An obligation to settle can also be included in the prenuptial agreement.
Pension must be “equalized” (divided, insofar as built up during the marriage), but there are exceptions to this too.
Termination of registered partnership or cohabitation with or without cohabitation contract
This too can lead to legal questions about children, custody, child contribution and/or division of property and debt.