Divorce

A divorce lawyer can be engaged at any point in the process, but it is preferable to do so as early as possible. The lawyer can then advise you on the legal and financial consequences of the divorce in a timely manner. This way, you can rest assured that you are not overlooking anything.

Don’t want to face each other in court? Two of our personal and family law attorneys are also trained mediators. They can support to make agreements with both parties. But also when a divorce has already taken place and there are many discussions about the visitation arrangement or about the costs of the children, a mediator can help to get the noses in the same direction.

In a mediation process, there is often the need to also bring in your own attorney to “watch along” with the mediation. Our lawyers are happy to fulfill that role as well, with the goal of bringing the mediation to a successful conclusion.

A divorce is pronounced by the court. This does not mean that a court must substantively evaluate all the issues of a divorce.

If the various consequences of the divorce can be settled by mutual agreement, consultation will first be sought through the attorneys. Depending on the situation, mutual views are exchanged through emails, face-to-face meetings with the parties and their attorneys (this is called a “four-way meeting”) and/or telephone consultations between the attorneys. Usually the various lines of communication are used side by side.

Perhaps divorce proceedings have already begun. Even then, efforts will almost always be made to reach a mutual agreement. This succeeds in the majority of cases. At any stage of the proceedings, the court can be notified that the parties have reached a mutual agreement. Often the prospect of a hearing is just the final push the parties need.

The agreements made by the parties are recorded in a divorce covenant. After signing, this covenant is sent to the court, with the request that it become part of the judgment (which is called an order). This gives the covenant the same effect as a substantive judgment of the court.

The divorce covenant contains the agreements made about:

• spousal support;
• child support;
• the parenting plan;
• the home;
• the distribution of all other common property;
• settlement of prenuptial agreements;
• Settlement of the restricted community (for marriages after Jan. 1, 2018)
• old-age and survivors’ pensions;

If the parties do not come to an agreement, the positions will be written out in one or more pleadings on behalf of the client. The written round is always followed by a court hearing at which the parties must appear. Although not strictly required by procedural law, attorneys are almost always present at these hearings.

Sometimes a decision must be made at short notice regarding, for example, the use of the joint home, alimony or access to the children. If a mutual agreement cannot be reached, the court can be asked to grant a temporary injunction for the duration of the divorce proceedings. Again, the parties can still agree before the court has ruled on the matter. They can always still notify the court together what the ruling should be.

With the pronouncement of divorce, you are not yet divorced. This is the case only when the judgment is registered in the Register of Civil Status of the municipality where you were legally married. With this registration, the marriage is officially dissolved. Your lawyer will take care of this formality; all you have to do is sign it.

If you disagree with a court decision, you can appeal. The time limit for this is three months. You limit the appeal to those issues you disagree with.

In a divorce, a parenting plan is mandatory, which contains the agreements about the children. It varies from court to court how the situation is handled if the parties do not agree. Some courts order the parties to come to an agreement and do not take the case any further. Other courts take a more lenient approach, with the court deciding on the various aspects of the parenting plan such as visitation and child support based on the parties’ positions.

The dissolution of a registered partnership is basically the same as the dissolution of a marriage. The main difference is that dissolution does not have to go through the courts if there are no minor children over whom custody is exercised.

A legal separation is basically the same as a divorce. The main difference is that a legal separation does not dissolve the marriage. Other than that, the same applies as described above for divorce.

If your cohabitation ends, you must also agree on division and possibly the children. The main difference with a divorce is that there is no entitlement to spousal support (although this obligation is sometimes included in a cohabitation agreement). In addition, going to court is in principle not necessary. However, even when breaking up a cohabitation, a procedure is sometimes necessary, for example about child support or access. This discussion is the same as in a divorce. The content of a cohabitation agreement is also regularly the subject of discussion.