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Is Your Ex-Partner Eligible for Alimony? In the Netherlands, maintenance is a financial contribution to the living expenses of the former partner and any children after a divorce. It is an amount that you receive or have to pay on a monthly basis. If you do not have enough income to support yourself, you are […]

What Are Your Rights ? Every tenant has the right has two important rights: the right to enjoyment of living and the right to rent protection. Where we discussed the first right of the tenant in connection with the obligations of the landlord, the second right of the tenant came in a separate blog about

When you rent an accommodation in the Netherlands, you are automatically entitled to rent protection. The same applies to your co-tenants and subtenants. In principle, rent protection comprises two aspects: rental price protection and rent protection against termination of the tenancy agreement in the sense that the landlord cannot simply terminate the tenancy agreement. While

Your Guide to Divorce in 10 Steps It is difficult to decide whether to get a divorce. Once you have decided that this is the only solution, the process really begins. A lot of things need to be arranged and it will also be an emotionally difficult period. To help you on your way, we

This is what you as a UK citizen need to know Until 31 December 2020, all EU rules were in force for the United Kingdom and citizens with British nationality could easily start working at Dutch companies, i.e., without a residence or work permit. However, when the United Kingdom left the European Union on December

Understanding Obligations of the Landlord | Law & More A rental agreement has various aspects. An important aspect of this is the landlord and the obligations he has towards the tenant. The starting point with regard to the obligations of the landlord is “the enjoyment that the tenant may expect based on the rental agreement”.

Struggling With Alimony Obligations? Alimony is an allowance to a former spouse and children as a contribution to maintenance. The person who has to pay alimony is also referred to as the maintenance debtor. The recipient of alimony is often referred to as the person entitled to maintenance. Alimony is an amount that you have

Directors of a company should at all times be guided by the interest of the company. What if directors have to make decisions that involve their own personal interests? What interest prevails and what is a director expected to do in such a situation? When is there a conflict of interest? When managing the company,

2021 is a year in which a few things will change in the field of legislation and regulations. This is also the case with regard to transfer tax. On November 12, 2020, the House of Representatives approved a bill for the adjustment of the transfer tax. The aim of this bill is to improve the

Secure Ownership with Retention of Title Ownership is the most comprehensive right a person can have in a good, according to the Civil Code. First of all, that means that others must respect that person’s ownership. As a result of this right, it is up to the owner to determine what happens to his goods.

In 2012, BV (private company) law was simplified and made more flexible. With the entry into force of the Law on Simplification and Flexibility of BV Law, shareholders were given the opportunity to regulate their mutual relationships, so that more room was created to adapt the structure of the company to the nature of the

The Trade Secrets Act (Wbb) has applied in the Netherlands since 2018. This Act implements the European Directive on the harmonization of the rules on the protection of undisclosed know-how and business information. The aim of the introduction of the European Directive is to prevent the rule fragmentation in all Member States and thus to

Pregnancy, unfortunately, is not a matter of course for every parent with a desire to have children. In addition to the possibility of adoption, surrogacy could be an option for an intended parent. At the moment, surrogacy is not regulated by law in the Netherlands, which makes the legal status of both the intended parents

International Surrogacy Laws & Guidance In practice, intended parents increasingly choose to start a surrogacy programme abroad. They may have various reasons for this, all of which are linked to the precarious position of the intended parents under Dutch law. These are briefly discussed below. In this article we explain that the possibilities abroad can

When a child is born, the mother of the child automatically has parental authority over the child. Except in cases where the mother herself is still a minor at that time. If the mother is married to her partner or has a registered partnership during the birth of the child, the father of the child

To this day, the Netherlands has three legal forms of partnerships: the partnership, the general partnership (VOF) and the limited partnership (CV). They are mainly used in small and medium-sized enterprises (SMEs), the agricultural sector and the service sector. All three forms of partnerships are based on a regulation dating back to 1838. Because the

Can Employers Refuse Employee Sick Reports? It regularly happens that employers have doubts about their employees reporting their illness. For example, because the employee often reports sick on Mondays or Fridays or because there is an industrial dispute. Are you allowed to question your employee’s sickness report and suspend payment of wages until it is

What Is the Act of Resignation in Divorce?   The divorce proceedings consist of a number of steps. Which steps have to be taken depends on whether you have children and whether you have agreed in advance on a settlement with your future ex-partner. In general, the following standard procedure should be followed. First of

How to Handle Refusal of work legally? It is very annoying if your instructions are not followed by your employee. For example, the one employee on whom you cannot count on to appear on the work floor around the weekend or the one who thinks that your neat dress code does not apply to him

What is alimony for an Ex-partner? In the Netherlands alimony is a financial contribution to the cost of living of your former partner and children after a divorce. It is an amount that you receive or have to pay monthly. If you don’t have enough income to live on, you can get alimony. You will

What Is an Inquiry Procedure at the Enterprise Chamber? If disputes have arisen within your company that cannot be resolved internally, a procedure before the Enterprise Chamber may be a suitable means of resolving them. Such a procedure is called a survey procedure. In this procedure, the Enterprise Chamber is asked to investigate the policy

During a probationary period, employer and employee can get to know each other. The employee can see if the work and company are to his or her liking, while the employer can see if the employee is suitable for the job. Unfortunately, this can lead to dismissal for the employee. Can the employer dismiss an

Termination Rules for Fixed-Term Contracts Do you want to get rid of an agreement? That is not always possible right away. Of course, it is important whether there is a written agreement and whether agreements have been made about a notice period. Sometimes a statutory notice period applies to the agreement, while you yourself have

It used to be customary to marry someone of the same nationality or of the same origin. Nowadays, marriages between people of different nationalities are becoming more common. Unfortunately, 40% of marriages in the Netherlands end in divorce. How does this work if one lives in a country other than the one in which they

If you have minor children and you get divorced, agreements must be made about the children. The mutual agreements will be laid down in writing in an agreement. This agreement is known as the parenting plan. The parenting plan is an excellent basis for getting a good divorce. Is a parenting plan compulsory? The law

A fight divorces is an unpleasant event that involves a lot of emotions. In this period it is important that a number of things are properly arranged and therefore it is important to call in the right help. Unfortunately, it often happens in practice that the future ex-partners are unable to reach agreements together. Parties

Have you broken the corona rules and been fined? Then, until recently, you ran the risk of having a criminal record. The corona fines continue to exist, but there is no longer a note on the criminal record. Why have criminal records been such a thorn in the side of the House of Representatives and

Dismissal is one of the most far-reaching measures in employment law that has far-reaching consequences for the employee. That is why you as an employer, unlike the employee, cannot simply call it quits. Do you intend to fire your employee? In that case, you must bear in mind certain conditions for a valid dismissal. First

The basic principle applies in Dutch compensation law: everyone bears his own damage. In some cases, simply no one is liable. Think, for example, of damage as a result of hailstorms. Was your damage caused by someone? In that case, it may only be possible to compensate the damage if there is a basis for

When an immigrant obtains a residence permit, he or she is also granted the right to family reunification. Family reunification means that the family members of the status holder are allowed to come to the Netherlands. Article 8 of the European Convention on Human Rights provides for the right to respect family life. Family reunification

Under certain circumstances, termination of the employment contract, or resignation, is desirable. This may be the case if both parties envisage resignation and conclude a termination agreement in this regard. You can read more about the termination by mutual consent and the termination agreement on our site: Dismissal.site. In addition, termination of the employment contract

Obligations of the employer and the employee according to the Working Conditions Act Whatever work you do, the basic principle in the Netherlands is that everyone should be able to work safely and healthily. The vision behind this premise is that the work must not lead to physical or mental illness and not at all

Understanding the Compulsory Settlement Process in Debt Restructuring A debtor who is no longer able to pay his outstanding debts has a few of options. He can file for his own bankruptcy or apply for admission to the statutory debt restructuring arrangement. A creditor can also apply for the bankruptcy of his debtor. Before a

Heineken Wins Tequila Conflict in Landmark Court Case A well-known lawsuit of 2019 [1]: The Mexican regulatory body CRT (Consejo Regulador de Tequila) had started a lawsuit against Heineken which mentioned the word Tequila on its Desperados bottles. Desperados belongs to Heineken’s select group of international brands and according to the brewer, is a “tequila

Immediate Dismissal: Rights & Requirements Explained Both employees and employers can come into contact with dismissal in various ways. Do you choose it yourself or not? And under what circumstances? One of the most drastic ways is immediate dismissal. Is that the case? Then the employment contract between the employee and the employer will end

Alimony and Financial Agreements: Key Elements of Divorce One of the agreements usually concerns partner or child alimony: contribution to the cost of living for the child or ex-partner. When the ex-partners jointly or one of them files for divorce, an alimony calculation is included. The law does not contain any rules on the calculation

Copyright on Photos: Protect Your Intellectual Property Everyone takes pictures almost every day. But hardly anyone pays attention to the fact that an intellectual property right in the form of copyright comes to rest on every photo taken. What is a copyright? And what about, for example, copyright and social media? After all, nowadays the

What is the Value of the Company? What is your business worth? If you want to acquire, sell, or simply know how your company is doing, it is useful to know the answer to this question. After all, although the value of a company is not the same as the final price that is actually

Understanding Parental Custody: Your Rights and Legal Options Are you married or do you have a registered partnership? In that case, our law is based on the principle of care and upbringing of the children by both parents, according to Article 1: 247 BW. About 60,000 children are faced with divorce from their parents every

Understanding the Damages Assessment Procedure The court verdicts often contain orders for one of the parties to pay damages determined by state. The parties to the proceedings are thus at the basis of a new procedure, namely the damages assessment procedure. However, in that case the parties are not back to square one. In fact,