Divorce and family law
A married couple can decide to get divorced for various reasons. Someone else is involved, there is a lot of strife in a relationship or a mutual consent decision is made to separate. Two scenarios are possible: divorce by mutual consent and divorce based on irreparable dislocation.
Divorce by mutual consent
If you want a divorce, you do not have to fight in court. If you and your partner can still consult well together, you can divorce by mutual consent. In that case, negotiations will first take place in consultation with, for example, a lawyer, mediator or notary.The advantage of this procedure is it costs less. There is also a greater chance that the relationship between the ex-spouses will remain better. Another advantage is that crucial decisions in the divorce proceedings are not left to the judge. You can discuss all aspects together with your lawyer, for example, and then record them in a binding settlement deed.
When divorcing by mutual consent, the spouses must come to an agreement on all issues to be resolved. That agreement is cast in a settlement deed.
The agreement includes, among other things, agreements on:
– the division of movable and immovable property
– the maintenance and accommodation of the children.
Once the settlement deed and family law agreement are drawn up, a petition is filed with competent family court. If the court considers that all conditions and formalities have been met, the divorce is pronounced.
Echtscheiding op basis van onherstelbare ontwrichting
Soms lukt het niet om in onderlinge toestemming te scheiden. Bijvoorbeeld als er erg ruzie is tussen jullie. De enige optie is om dan te scheiden via een procedure voor de rechtbank. De rechtbank zal de echtscheiding uitspreken wanneer zij vaststelt dat het huwelijk onherstelbaar is ontwricht.
Child maintenance contribution
Every parent is obliged to contribute to the maintenance of his/her children. The amount of the maintenance contribution depends on your income, among other things. To determine the amount of the maintenance contribution, it is necessary to calculate the amount of accumulated income and the costs for the child. Based on this data, the division of ordinary and extraordinary expenses can be determined in an objective manner. This also takes into account contributions in kind and the respective time the child spends with each parent. The maintenance contribution is indexed once a year on a fixed date according to a formula defined by law, unless the court or the parents decide by agreement to use a different adjustment formula.
Maintenance allowance after divorce
The obligations associated with the marriage remain during the divorce proceedings. The spouses still owe each other help and support. Here, the standard of living is considered. In a divorce on grounds of irreparable disruption, the economically weak ex-spouse can receive maintenance payments after a divorce. The ex-spouse must be able to prove that he/she is indigent. When is one indigent? This is personal and there are no exact rules for it. Among other things, the judge will look at the income, ability to earn more income, social background and education of the maintenance recipient. In addition, the judge will look at the duration of the marriage, the age of the ex-spouses and the organisation during the marriage. In the case of a divorce by mutual consent, one should explicitly include in which cases the maintenance allowance will end after divorce. It is important to pay adequate attention to this.
Help from our lawyers
You are not alone in settling your divorce. Our lawyers will be happy to assist you during the divorce proceedings. Contact us with no obligation and we will inform you about the proceedings.
