When a businessman is faced with divorce, there are a lot of things that need to be taken care of. Arrangements for maintenance and children, the distribution of the community of property / settlement of a prenuptial agreement and the allocation of pension rights. A divorce may also affect your business, when your partner is a co-owner, for instance.
During these often emotional times, our lawyers will assist and advise you, they will mediate and negotiate on your behalf, if necessary. They have ample of experience with litigating in complicated divorce proceedings. We also have experience with international-law aspects when it comes to divorce.
When a personal matter such as divorce, questions about custody, or any other matter surrounding marriage dissolution is in question, and proceedings are likely to take place in the Dutch jurisdiction, it is vital that you have experienced legal representation by a Dutch divorce lawyer who deals with International Divorce Cases on a daily basis and who is familiar with the challenges the expatriate faces under such conditions.
The lawyers of the Family Law & Divorce practice group have years of experience acting in all facets of Wills and Estates, including:
The Netherlands is currently one of the few countries in the world that has an absolute community of property regime upon marriage. Unless parties have expressly agreed otherwise, all property, whether acquired before or after marriage, automatically becomes communally owned by both spouses. Upon divorce both parties are entitled to 50% of the marital property. Parties may deviate from this principle when agreeing a divorce settlement. However, if the divorce is contested, a court will hold fast to the equal division of property.
In the Netherlands both parents have joint parental responsibility (“gezag“) both during marriage or civil partnership and after a divorce or legal separation. Both parents have an equal say in matters regarding the upbringing and education of the children. Only in cases where a parent is deemed wholly unfit to fulfil their parental responsibilities, the court can grant the parental responsibility to one parent.