In contemporary legal practice, family law is a dynamic and multifaceted area of law that responds to changing societal norms and the diverse personal circumstances of clients. This area of law covers not only traditional matters such as divorce and the settlement of marital agreements, but also extends to modern issues surrounding registered partnerships, various forms of separation, and the protection of minors. The complexity of these cases demands a holistic approach, where legal precision goes hand in hand with empathy for the individuals involved. In each case, the aim is to find a balance between the strict requirements of the law and the pursuit of a sustainable, human-centered solution. Attorney B.A.S. van Leeuwen plays a key role in this process: through a thorough analysis of both the legal frameworks and the personal and financial realities of his clients, he ensures that every case is handled with the utmost care and dedication. This approach guarantees that both the emotional and material interests of all parties involved are carefully weighed and safeguarded in a legally sound solution.
1. Divorce
A divorce often represents the culmination of a long-term relationship, in which personal, emotional, and financial relationships undergo profound changes. In the initial phase of a divorce procedure, a comprehensive and detailed analysis is carried out to determine whether there has been a permanent breakdown of the marriage—a criterion that carries both legal and emotional weight. This analysis includes gathering various types of data, including financial statements, evidence of joint obligations, and personal statements, which together provide a complete picture of the situation. A legal petition is then drafted, not only ensuring compliance with the formal requirements of the law but also taking into account the specific needs of the clients. Throughout the procedure, a close look is taken at the current financial situation of both parties, and future expectations are mapped out. This ensures that agreements about the division of assets, alimony, pension rights, and other financial obligations are fairly documented. Additionally, special attention is paid to the emotional impact of the divorce: mapping out personal consequences and striving for a solution that acknowledges the complex human relationships, so that each decision is not only legally watertight but also provides a sustainable foundation for the future of both parties.
2. Dissolution of a Registered Partnership
The dissolution of a registered partnership, while similar to a divorce, presents its own specific legal nuances and challenges. In a registered partnership, pre-established agreements and contractual arrangements are often included, which, upon dissolution, require a thorough investigation of their content and validity. The process begins with an extensive inventory of the jointly accumulated assets and any debts, with particular attention given to the agreements made when the partnership was established. Legal experts closely examine these documents to determine how the original intentions of the partners align with the current financial and personal circumstances. Furthermore, attention is paid to any unforeseen events that have occurred since the partnership was formed. Drafting a detailed plan for the settlement of the partnership requires both careful documentation and a clear justification of the rights and obligations of both parties. By offering personal guidance and a strategic approach, Attorney B.A.S. van Leeuwen ensures that the dissolution proceeds efficiently, fairly, and legally, while carefully balancing both the economic interests and emotional aspects of the individuals involved.
3. Separation of Table and Bed
Separation of table and bed is a special legal measure employed when partners decide to formally separate their cohabitation without legally dissolving the marriage itself. This arrangement often comes into play when daily living circumstances diverge to such an extent that a joint household is no longer desirable or workable, but where personal or financial reasons lead the partners to retain the legal bond of marriage. The process begins with drafting a detailed petition that outlines specific agreements regarding the practical separation. This includes the division of daily responsibilities, joint financial obligations, and any arrangements related to alimony. This form of separation provides the opportunity to create a clear legal distinction between the lives of the partners without the formal status of divorce. It is particularly relevant in situations where there are still joint interests, such as the management of shared assets or tax considerations. Attorney B.A.S. van Leeuwen develops a tailored strategy aimed at minimizing conflicts and ensuring that both parties’ interests are protected, so that despite the physical and practical separation, the legal position remains clear and sustainable.
4. Dissolution of a Cohabitation Agreement
Ending a cohabitation agreement can present legal and financial challenges, especially when disputes arise over the terms of termination. Attorney B.A.S. van Leeuwen provides guidance in dissolving cohabitation agreements, ensuring that all contractual obligations are properly adhered to. He advises clients on the best way to terminate the cohabitation agreement, taking into account the legal and financial implications. He assists in drafting the necessary termination documents and ensures that everything is carried out in accordance with the law. Should a dispute arise over the division of assets, debts, or other matters covered by the agreement, Attorney B.A.S. van Leeuwen is available to resolve these conflicts efficiently and professionally. His goal is always to ensure that the termination of the relationship and the cohabitation agreement is handled in a fair and just manner, with respect for the interests of both parties.
5. Divorce Settlement Agreement and Parenting Plan
The divorce settlement agreement forms the backbone of the divorce procedure, especially when financial relations are complex and children are involved. This document legally formalizes the agreements regarding the division of assets, debts, pension rights, alimony, and other financial obligations. The process begins with an in-depth investigation into all relevant financial aspects, where both the current situation and future prospects are mapped out. At the same time, drafting a parenting plan is crucial when minor children are involved. This plan not only addresses practical arrangements regarding custody, visitation, and upbringing but also provides a framework for creating a stable and safe environment in which the children can grow. Special attention is given to primary residence, visitation schedules, vacations, and other significant moments in the children’s lives. Both documents require a multidisciplinary approach, combining legal expertise with psychological insights and mediation skills. Attorney B.A.S. van Leeuwen ensures that both the settlement agreement and the parenting plan are carefully and thoroughly drafted, so that the transition to a new phase of life brings as few conflicts and uncertainties as possible, while optimally protecting the interests of all those involved, especially the children.
6. Division of the Marital Property Community
In the case of a divorce without prenuptial agreements, the default assumption is the legal community of property, whereby all assets and liabilities accumulated during the marriage are shared jointly. This division process is often fraught with legal complexities, especially when the financial interests of both parties are significantly different. It starts with a thorough inventory of all assets and liabilities, which includes not only tangible assets such as real estate, savings, and business interests, but also intangible values and future rights. Valuing these various components often requires a multidisciplinary approach, combining fiscal, economic, and legal aspects. Attention must also be paid to the tax implications of the division, ensuring that the final arrangements are both legally and economically sound. With strategic negotiations and detailed analysis, Attorney B.A.S. van Leeuwen aims to achieve a balanced and fair distribution of the community, taking into account the specific interests of both parties and minimizing the risk of future disputes.
7. Estate Division
The division of the estate goes beyond the simple division of the marital property community and focuses on the complete and detailed division of the entire estate – including both the inheritance and all assets and liabilities accumulated during the marriage. This process requires an in-depth analysis of all tangible and intangible assets, including business interests, real estate, personal belongings, and even intellectual property. The investigation involves determining the exact value of each component, carefully considering both the current value and potential future fluctuations in value. Additionally, the nature and origin of the assets must be determined to ensure a fair and transparent distribution. Attorney B.A.S. van Leeuwen works with specialized experts, such as appraisers and financial advisors, to divide the estate in an accurate and legally sound manner. This thorough approach ensures that each party can proceed with a clear financial settlement, where the final distribution reflects the efforts and investments made during the marriage.
8. Settlement of Prenuptial Agreements
When prenuptial agreements have been made, these arrangements largely determine how the assets and liabilities are divided in the event of a divorce. The settlement of these agreements requires a meticulous and legal reassessment of the terms agreed upon, with both the literal contractual provisions and the underlying intentions of both parties being revealed. This process begins with a careful review of the validity of the prenuptial agreement, followed by an evaluation of any changes in the financial or personal circumstances of the parties involved since the time the agreement was made. It may be necessary to adjust the original terms or make additional arrangements to reflect the changed circumstances. Attorney B.A.S. van Leeuwen offers both legal advice and practical support in this complex matter, ensuring that the settlement of the prenuptial agreements is not only in accordance with applicable legislation but also reflects the current reality of the parties involved. This ensures that the final arrangement is sustainable, fair, and future-proof.
9. Alimony / Maintenance
Alimony, or maintenance, is an essential part of the financial settlement in a divorce and refers to the periodic financial contribution one partner must make to the other. This contribution is intended to cover the daily living expenses, with additional consideration given to the costs of raising and caring for minor children. The determination of a fair alimony arrangement depends on a wide range of factors, such as the income of both parties, housing expenses, the specific needs, and the standard of living of the person entitled to maintenance. When setting alimony, both the current financial situation and the future outlook of both parties are thoroughly examined. This requires precise calculations and a deep analysis of the available financial data. Attorney B.A.S. van Leeuwen assists clients in negotiating and formalizing an arrangement that is both sustainable and fair, aiming to reach a solution that respects the interests of all parties involved through legal expertise and mediation skills.
10. Change of Primary Residence of a Minor Child
The primary residence of a minor child is a central component of the parenting plan and forms the basis for both the daily care and long-term planning for the child. When circumstances change – for example, due to a move, a change in the work or living situation of a parent, or other relevant personal developments – it may be necessary to adjust the primary residence. This process requires a thorough assessment of all relevant factors, including the accessibility of schools, proximity to family, the stability of the living environment, and the emotional needs of the child. The legal procedure involves gathering all relevant evidence, revising the existing parenting plan, and, if necessary, initiating a court procedure to formalize the new arrangement. Attorney B.A.S. van Leeuwen provides intensive support in these situations, always prioritizing the interests of the child. He ensures that the new primary residence arrangement is not only legally binding but also practically feasible and tailored to the child’s specific needs in a changing living environment.
11. Parental Authority
Parental authority refers to the fundamental legal responsibility of parents for the care and upbringing of their children. This authority includes the power to make important decisions regarding education, medical care, religious upbringing, and general life choices. In situations where parents disagree or when there are special circumstances, such as signs of insecurity, conflicts of interest, or changing family conditions, it may be necessary to adjust or revise parental authority. This procedure requires an in-depth evaluation of the existing situation, the drafting of detailed requests, and the gathering of supporting documentation to demonstrate why a change in authority would be in the best interest of the child. Attorney B.A.S. van Leeuwen guides clients through this often lengthy and emotionally charged process, aiming to find an arrangement that respects the rights of both parents while optimally protecting the child’s interests and well-being. This carefully considers what adjustments are needed to ensure a balanced and sustainable solution.
12. Contact / Care and Contact Arrangement
After a divorce or breakup, establishing a care and contact arrangement is crucial to ensuring a stable and predictable environment for minor children. This arrangement outlines how and when children maintain contact with both parents and describes the practical execution of daily care. Drafting such an arrangement requires intensive analysis of the specific needs of the child, the availability and suitability of both parents, and the logistical possibilities within the involved family structures. Agreements are made about the frequency of visits, the planning of holidays, special occasions, and other important moments, as well as emergency procedures and the division of responsibilities. Attorney B.A.S. van Leeuwen plays a key role in drafting a legally binding plan that not only protects the child’s interests but also optimizes communication between the parents. Through mediation and intensive consultations, he seeks a solution that minimizes conflicts and ensures a safe and consistent environment despite the emotional challenges that a divorce may bring.
13. Modification of Marital Conditions during Marriage
During the course of a marriage, the circumstances of both partners may change significantly, which may lead to the desire to adjust the original marital conditions. This modification is often necessary when new investments are made, when the financial situation changes, or when personal circumstances evolve in such a way that the existing agreements no longer reflect the current reality. The process of modification requires a thorough review of the original marital conditions, where both the contractual provisions and the underlying intentions of both parties are reevaluated. Careful attention is paid to the legal validity of the existing agreements and the possibilities for implementing changes without leading to unnecessary legal conflicts. Attorney B.A.S. van Leeuwen provides intensive legal advice and support, both in a joint negotiation phase and in a potential judicial process. The goal is to reach a new agreement that aligns with the current financial and personal situation of both partners, while providing the legal certainty needed for a stable future.
14. Acknowledgment/Denial of Paternity
Determining paternity is a fundamental legal process that forms the basis for the rights and responsibilities of both the child and the involved parents. When doubts exist about biological paternity or when there are conflicts over legal recognition, both administrative and judicial procedures may be necessary to provide clarity. This process often involves the use of forensic resources, such as DNA testing, but also a detailed analysis of other evidence that may confirm or challenge the relationship between parent and child. Both the acknowledgment and denial of paternity have far-reaching consequences for matters such as child support, inheritance rights, and the exercise of parental responsibilities. Attorney B.A.S. van Leeuwen provides expert guidance throughout the entire process, from initiating the necessary investigations to conducting legal procedures. He ensures that the child’s rights and the interests of the involved parties are established in a clear and fair manner, so that the legal relationship between parent and child is definitively and transparently established.
15. Supervision Order (OTS) or Out-of-Home Placement (UHP) of Children
When there are serious concerns about the well-being and safety of a child, drastic measures such as a supervision order (OTS) or, in extreme cases, an out-of-home placement (UHP) may be necessary. These measures are implemented when there is an unsafe home situation, suspicions of abuse, severe neglect, or other circumstances that may seriously harm the child. Applying for an OTS or UHP is a complex and multidisciplinary process, involving multiple institutions – such as the Child Protection Board, youth care, and the court – working closely together to reach a balanced decision. The legal procedure involves a detailed assessment of the situation, gathering evidence, and drafting formal requests that justify the necessity of the measure. Attorney B.A.S. van Leeuwen provides intensive support throughout this process, placing the child’s interests at the center while carefully weighing the rights of the parents. His approach is focused on achieving a solution that ensures the child’s safety, without unnecessarily severing the family bond, and leads to a long-term improvement of the situation, both legally and practically.
16. Substitute Permission
In situations where parents cannot agree on important decisions for their children, substitute permission from the court may be required. Attorney B.A.S. van Leeuwen offers advice and support in obtaining substitute permission, particularly when parents are in conflict over matters such as medical treatments, school choices, or relocations. He assists in submitting requests to the court and represents clients in legal proceedings to ensure that the final decision is made in the best interest of the child. His focus is always on ensuring that a fair decision is made, one that is in the best interest of the child.
17. Changing Last Name
Changing a last name may be necessary for various reasons, such as a name change due to marriage or divorce, or to correct an incorrect name registration. Attorney B.A.S. van Leeuwen provides expert legal guidance when applying for a last name change. He helps with submitting the necessary requests to the relevant authorities and ensures that the change is carried out according to the legal procedures. Whether it involves correcting a mistake in the name registration or changing the name for personal or legal reasons, Attorney B.A.S. van Leeuwen ensures that the process goes smoothly and correctly.
