Family Law | Related Expertises

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…

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.…

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.…

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.…

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.…

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.…

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.…

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…

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…