Personal and Family law and Family assets law

Practice Overview

When conflicts arise in relationships, emotions often reach a high level and angry feelings are exchanged. Reliable legal assistance with a human touch is more than welcome.

BAS A.S. VAN LEEUWEN (LL.M., ESQ.), attorney at law, is trained to guide you in these difficult circumstances through the dense labyrinth of laws and court proceedings and to work out an acceptable solution, either through mediation or through assistance with legal proceedings.

Family and Relatives

Family relationships are the primary focus of many people's lives. Of course, these relationships are precious and generally long-lasting, but very often they can also be rather fragile. If a relationship between two partners is heading for a breakup, the parties involved need to find an acceptable modus vivendi that respects everyone's rights. BAS A.S. VAN LEEUWEN (LL.M., ESQ.), attorney at law, is expert in family law and family property law and he can help you in this particular field.

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Personal and Family Law

Personal and family law consists of a set of regulations governing your person, your family and your extended family in society. BAS A.S. VAN LEEUWEN (LL.M., ESQ.), attorney at law, has acquired considerable knowledge and practical experience in a wide range of legal areas such as name, origin, adoption, guardianship, marriage, cohabitation (de jure or de facto), marriage of convenience and legal cohabitation or recognition of convenience, divorce and problems between unmarried cohabitants. Taking into account the interests of the child, he can offer you advice and assistance when it comes to working out arrangements for parental authority, residence and maintenance payments.

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Family Assets Law

Family property law is based on a set of regulations that determine what is to be done with your undivided property in the event of a divorce or a breakup. It also includes a number of regulations on inheritance, wills and donations.

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RELATED EXPERTISES WTHIN THIS PRACTICE AREA

Divorce

If you decide to divorce, then various aspects will have to be discussed. It is important that the consequences of a divorce are properly dealt with. In the context of a divorce, the division of the community of property or the settlement of prenuptial agreement must be arranged. If the marriage is connected with a company, the effects of the divorce on the company will have to be comprehensively thought through. If there are children, attention must be paid to a proper care arrangement for the children and the detailing of a parenting plan. A financial arrangement for the children and possibly for you or

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Legal separation

A legal separation can be taken very literally; one lives separately, therefore table and bed are no longer shared. This form of separation is nowadays often chosen because of religious conviction. Another important consideration in opting for a legal separation is that reconciliation is much simpler. According to the law, in cases of legal separation you are still married but you no longer cohabit. You can therefore cohabit with any new partner and start to build a new life together, but you cannot marry him or her or enter into a registered partnership because bigamy is prohibited by law. A

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Dissolution of cohabitation contract

It seems very simple to terminate a cohabitation contract at the end of the relationship; in principle, the contract applies as long as the cohabitation is in existence. If there is a difference of opinion when the cohabitation ends, then the cohabitation officially ends on the day when one of the partners informs the other by means of a registered letter that the cohabitation has ended. However, it is often more expressly recorded in the cohabitation contract on which date the contract must be deemed to have ended. In this manner the dissolution of the cohabitation contract is simple.

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Parenting plan

Since March 2009 the drawing up of a parenting plan in the event of separation has become obligatory for spouses and registered partners with minor children, regardless of whether there is joint parental authority. A divorce petition must contain a parenting plan. Unmarried parents with joint parental authority of minor children must also draw up a parenting plan during separation.

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Child alimony

Partners who jointly have one or more children will have to reach agreements about the division of the costs of the children when they split up, for example in the form of child alimony. These agreements must be recorded in a parenting plan.

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Spousal alimony

There are misunderstandings about the existence of Spousal alimony, for instance that a woman has no right to Spousal alimony if she has her own income and works fulltime. The starting points for the determining of Spousal alimony are much more complicated.

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Child protection measures

When there are serious concerns about the raising and care of a child, it may be necessary that intervention takes place in the home situation for the protection of the child. The concerns may relate to the manner of care by the parent, for example because the parent is not (sufficiently) capable of this or neglects the child. The concerns may also arise through special circumstances of the child, such as psychiatric problems. Intervention in the home situation is possible on the basis of various child protection orders.

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Child acknowledgement

When a child is born, the biological father is not necessarily immediately considered to be the legal father in accordance with the law. This legal tie between the child and a father can arise in various ways. If the parents are married, the legal tie between the child and the man with whom the mother is married arises automatically (by operation of law). This does not also have to be the biological father. If there is no marriage, acknowledgement of the child may be necessary in order to establish the legal tie.

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Name changes

Every inhabitant of the Netherlands has a name, comprising of a first name and a surname. Everyone receives a surname at birth in the context of the arising of the official family tie. Which surname the child gets depends on the relationship under family law with the parents. All children in one family will have the same surname; the surname of the first child is the determining factor in this respect. At the registration of the birth, one or more first names will be given to the child and this will be recorded in the registers of the registrar of

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Domestic Violence

Civil Protection Order

MR. B.A.S. (BAS) VAN LEEUWEN (LL.M., Esq.), attorney at law, handles litigation of contentious matters through court actions, and aggressively defend and prosecute her clients’ interests in a wide variety of civil legal proceedings. He assists clients with that are faced with the various aspects in the field of domestic

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Contract Law

Drawing up commercial trade contracts (purchase, sale, collaboration, agency, distribution, transport and storage) / Termination, dissolution

Employment and Benefits

Employment contract law; including the drafting and review of employment contracts / Individual and collective dismissal

Administrative and Public Law

Competition matters / Decisions, legislation, and policies / Declarations of intent, settlement agreements and anterior agreements

Criminal Law Practice

Violent crimes (homicide, assault, causing grievous bodily harm, public violence, vandalism) / Sexual offenses / Property