Divorce is a major event for everyone. That is why our divorce lawyers are there for you with personal advice. The first step in getting a divorce is to hire a divorce lawyer. A divorce is pronounced by the judge and only a lawyer may file a petition for divorce with the court. There are various legal aspects to the divorce proceedings that are decided by the court. Examples of these legal aspects are…
Divorce is a major event for everyone.
That is why our divorce lawyers are there for you with personal advice.
The first step in getting a divorce is to hire a divorce lawyer. A divorce is pronounced by the judge and only a lawyer may file a petition for divorce with the court. There are various legal aspects to the divorce proceedings that are decided by the court. Examples of these legal aspects are:
• How are your joint assets divided?
• Is your ex-partner entitled to part of your pension?
• What are the tax consequences of your divorce?
• Is your partner entitled to spousal support?
• If so, how much is this alimony?
• And if you have children, how is contact with them arranged?
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Step-by-step plan from our divorce lawyers
When you contact our firm, one of our experienced lawyers will speak to you directly. Law & More distinguishes itself from other law firms because our firm does not have a secretarial office, which ensures that we have short lines of communication with our clients. When you contact our lawyers by telephone in connection with a divorce, they will first ask you a number of questions. We will then invite you to our office in Eindhoven, so that we can get to know you. If you wish, the appointment can also take place by telephone or video conference.
• During this first appointment you can tell your story and we will look into the background of your situation. Our specialised divorce lawyers will also ask the necessary questions.
• We then discuss with you the specific steps that need to be taken in your situation and map this out clearly.
• In addition, during this meeting we will indicate what a divorce proceeding looks like, what you can expect, how long the proceeding will generally take, what documents we will need, etc.
• That way, you will have a good idea and know what is coming up. The first half hour of this meeting is free of charge. If, during the meeting, you decide that you would like to be assisted by one of our experienced divorce lawyers, we will record some of your details in order to draw up a contract of engagement.
In need of a divorce lawyer?
Do you want to live separate? We assist you
After the first meeting, you will immediately receive an assignment agreement from us by e-mail. This agreement states, for example, that we will advise and assist you during your divorce. We will also send you the general terms and conditions that apply to our services. You can digitally sign the assignment agreement.
Receiving the signed agreement of assignment, our experienced divorce lawyers will immediately start working on your case. At Law & More, you will be kept informed of all the steps your divorce lawyer takes for you. Naturally, all steps will first be coordinated with you.
In practice, the first step is often to send a letter to your partner with the divorce notice. If he or she already has a divorce lawyer, the letter is addressed to his or her lawyer.
In this letter we indicate that you want to divorce your partner and that he or she is advised to get a lawyer, if he or she has not already done so. If your partner already has a lawyer and we address the letter to his or her lawyer, we will generally send a letter stating your wishes with regard to, for example, the children, the home, the contents, etc.
Your partner’s lawyer can then respond to this letter and express the wishes of your partner. In some cases, a four-way meeting is scheduled, during which we try to reach an agreement together.
If it is impossible to reach an agreement with your partner, we can also submit the divorce application directly to the court. This way, the procedure is started.
What should I take with me to the divorce lawyer?
In order to start the divorce procedure as soon as possible after the introductory meeting, a number of documents are required. The list below gives an indication of the documents required. Not all documents are necessary for all divorces. Your divorce lawyer will indicate, in your specific case, which documents are needed to arrange your divorce. In principle, the following documents are required:
• The marriage booklet or the cohabitation agreement.
• A document with a prenuptial or partnership agreement. This does not apply if you are married in community of property.
• The mortgage deed and related correspondence or the rental agreement of the house.
• Overview of bank accounts, savings accounts, investment accounts .
• Annual statements, pay slips and benefit statements.
• The last three income tax returns.
• If you have a company, the last three annual accounts.
• Health insurance policy.
• Overview of insurances: in which name are the insurances?
• Information about accrued pensions. Where was the pension built up during the marriage? Who were the clients?
• If there are debts: collect the supporting documents and the amount and duration of the debts.
If you want the divorce proceedings to start quickly, it is wise to collect these documents in advance. Your lawyer can then get to work on your case immediately after the introductory meeting!
Divorce and children
When children are involved, it is important that their needs are also taken into account. We ensure that these needs are taken into account as much as possible. Our divorce lawyers can draw up a parenting plan with you in which the division of the care for your children after the divorce is established. We can also calculate for you the amount of child support to be paid or received.
Are you already divorced and do you have a conflict about, for example, compliance with partner or child support? Or do you have reason to believe that your ex-partner now has enough financial resources to look after himself? Also in these cases, our divorce lawyers can provide you with legal assistance.
Frequently asked questions divorce
Law & More works on the basis of an hourly rate. Our hourly rate is € 195, excluding 21% VAT. The first half-hour consultation is free of obligation. Law & More does not work on the basis of government-subsidised assistance.
The lawyers at Law & More are involved in your problems. We look at your situation and then study your legal position. Together with you, we look for a sustainable solution to your dispute or problem.
If you agree, you can hire a joint lawyer. In that case, the court can pronounce the divorce by order within a few weeks. If you do not agree, each of you will have to get his/her own lawyer. In that case, a divorce can take months.
If you opt for a joint divorce, there is no need for a court hearing. A unilateral divorce is dealt with at a court hearing.
In mediation, you try to reach a solution together with the other party under the supervision of a mediator. As long as there is a willingness on both sides to look for a solution, mediation has a chance of succeeding.
A mediation process consists of: an intake interview and several sessions to reach an agreement. If agreement is reached, the agreements made are laid down in writing.
You are divorced from the date on which the decree pronouncing the divorce is entered in the registers of the civil registry of the municipality where you married.
You can ask the court to determine the (way of) division of the matrimonial community of property between you and your ex-partner.
If you are married in community of property, you can divide these things by halves or take them from the other person for a consideration of their value.
The starting point is that you can continue to live in the joint home, provided you are financially able to pay half of any surplus value to your ex-partner and have your ex-partner released from joint and several liability for mortgage loans.
You can arrange the financial settlement of a relationship outside of court. If you have children together over whom you both exercise authority, you are legally obliged to draw up a parenting plan.
The costs of the lawyer depend on the time that is spent on your case. The costs of the court are € 309 (court fees). The bailiff’s fees for serving the divorce petition amount to approximately €100.
The statutory regulation (pension equalisation) means that you are entitled to payment of 50% of the old-age pension built up by your ex-partner during the marriage. If both partners agree, you can convert your entitlements to old-age pension and partner’s pension into your own independent right to old-age pension (conversion) or opt for a different division.
A divorce agreement is an agreement between ex-partners in which you can lay down agreements when you get divorced. For example, you can make financial arrangements, arrangements about the children and alimony. If the divorce agreement is part of the court order, it is legally enforceable.
If the divorce agreement is part of the court order, the divorce agreement provides an enforceable title. It is then legally enforceable.
Everything in the house, barn, garden and garage is part of the contents. This also applies to the car or other vehicles. These are often mentioned separately in the covenant. What does not belong to the contents are connected goods, built-in appliances in the kitchen and, for example, laid down floors.
When you are married in a community of property, in principle all assets and debts of you and your partner are merged. In case of a divorce, all assets and debts are in principle shared equally between you. Sometimes it can be that certain things are excluded, such as a gift or inheritance.
But beware: since 2018, the standard is to marry in limited community of property. This means that the assets accumulated before the marriage are not included in the community. Only the assets that the married partners accumulate during the marriage become common property. Everything that a person owned privately before the marriage is therefore excluded. Everything that comes into existence after the marriage in terms of possessions and/or debts, becomes the property of both parties. In addition, gifts and inheritances remain personal property, also during the marriage. A house can be an exception to this, if it was purchased jointly before the marriage.
When you got married you chose to keep your assets and debts separate. If you want to get a divorce, take into account any settlement clauses or other agreed arrangements.
Settlement clauses are agreements on the settlement or distribution of certain income and values. There are two forms of settlement: 1) Periodic settlement clause: at the end of each year the remaining saved balance on the account(s) is divided fairly. The choice is made to keep the private assets separate. The settlement takes place after the fixed costs have been deducted from the jointly built-up capital. 2) Final settlement clause: In the event of a divorce it is also possible to make use of the final settlement clause. You and your partner then divide the joint assets in the same way as if you were married in community of property. You can choose which assets are not included in the division.
Some assets are not automatically characterised as joint property of you and your partner. These items may not have to be included during a divorce. Inheritances or gifts also remain outside the community of property since 1 January 2018. Before 1 January 2018, an exclusion clause had to be included in the deed of gift or will.
The judge decides who is allowed to continue living in the house after the divorce, in case you both want to continue living there. The contract with the housing association or landlord must then be changed, with the person who has been granted the right to live there as the sole tenant. This person is then also responsible for paying the rent and other costs.
Frequently asked questions on alimony
The alimony proceedings start by filing a petition. The court will then give the other party the opportunity to submit a defence. If this is done, the proceedings will be heard. The court will then render a written judgment.
You are entitled to spousal support if you have been married or entered into a registered partnership and cannot support yourself independently.
You can give your ex-partner notice of default and set a deadline within which the alimony has to be paid. If your ex-partner still does not pay the alimony within the time limit, then this is a case of default. If the agreements on maintenance are included in an order, you have an enforceable title. You can then recover alimony from your ex-partner outside of court. If this is not the case, you can demand compliance in court.
Partner alimony is tax deductible for the payer and is considered taxable income for the recipient. Child alimony is not tax deductible or taxable.
Frequently asked questions about children in divorce
You can ask the court to establish the residence of your children with you. The court will make such a decision as is deemed to be in the best interests of your children, taking into account all the circumstances of the case.
If you have minor children over whom you have joint custody you are obliged to draw up a parenting plan. Agreements have to be made about the main residence of the children, the division of the care, the way decisions concerning children are made, how information concerning children is exchanged and the division of the costs of the children (child support).
After a divorce both parents retain parental authority, unless the court decides that the joint parental authority should be terminated.
You are entitled to child support if you yourself do not have sufficient income to provide for the costs of your children.
You may agree on the amount of child/partner support. You can record these agreements in an agreement. If the court records these agreements in the divorce decree, they are legally enforceable. If you cannot reach an agreement, you can ask the court to determine the amount of alimony. In doing so, the judge will take into account various factors, such as income, financial capacity, child budget and the visitation arrangement.
These belongings are the property of the children themselves. They can decide for themselves what happens to them and with which parent they should go. If the children are too young to decide this, you and your partner should make arrangements.
If you did not find the answer to your question in our list of frequently asked questions, please contact one of our experienced lawyers directly. They can answer your questions and are happy to think along with you!