You should not hesitate in seeking the advice of a financial planner. It needs to be determined whether the pension rights were built in or outside the Netherlands and how to deal with them in divorce. If a couple living together without any agreement wish to separate, a division of property and inventory, as well as a decision on the future use of the shared property should be agreed upon. Dutch grounds for a divorce In the Netherlands, the only ground for pronouncing a divorce is that the bond between the spouses has irretrievably broken down. In some cases it will be necessary to register the divorce in your own country also. In the case of non-Dutch fathers, this can depend on the nationality and legislation of his home country i.
In the case of divorce, many things need to be considered, discussed and decided upon. The following treaties are relevant here: the 1954 Hague Convention relating to Civil Procedure, the 1977 Agreement of the Council of Europe on the Transmission of Applications for Legal Aid and the 1980 Hague Convention on International Access to Justice. You may find good on the Amsterdam Mamas website. The first half hour is free. References used: The following information sources were used to prepare and update the above essay. Marjet publishes regularly in professional journals and keeps you informed of the various complex aspects of international divorces with her weblogs. They can give you essential advice at the beginning of the process that will help you make the best possible decisions.
Regarding pension rights Any pension rights built up during the marriage will have to be split too, as both ex-spouses have the right to half the pension built up during the marriage. If the parties come to a divorce agreement, this agreement will be send to the District Court and the judge will only have to rule on the divorce itself, meaning divorce proceedings can be finalised quickly. Marjet Groenleer answers the top 10 most frequently asked questions about divorce for expats living in the Netherlands. In the event the partners decide to end the relationship, a marriage can only be dissolved by court while a registered partnership can be terminated by the partners themselves. The courts will typically grant the divorce as a formality within six to eight weeks of submission of the joint petition for divorce.
I have read many English divorce petitions; these cannot be compared to Dutch petitions where, in general, scant attention is paid to the cause of the divorce. Nor is any special procedure required to amend the relevant certificates, for instance if a marginal note relating to the divorce has to be placed on the marriage certificate. In the Netherlands couples do not need to give the courts a reason for divorce and if you decide that you can no longer live with your partner for whatever reason, then this is considered a sufficient reason for divorce. The community property is dissolved by divorce and must then be divided up. Children aged 12 years and older have the legal right to express their opinion before a decision is made. If you need advice or assistance with your divorce,.
This can take anywhere from two to ten sessions of one to three hours each. Which cookies and scripts are used and how they impact your visit is specified on the left. If the ruling on these subjects is not done during the divorce proceedings, it is possible to ask the judge to rule on these subjects in separate proceedings later on. The parental authority after divorce in the Netherlands After divorce in the Netherlands, the parents continue to exercise joint custody and the custody is given to only one of them in exceptional situations. The Netherlands has a fairly unusual system for income and assets during marriage. In this parenting plan the parents need to at least describe how they will share caring for their children post-divorce, how both parents will stay in contact with the children and how they will take care of their children financially. It is possible to go through mediation before a petition for divorce is filed.
On the day of registration of the verdict, the marriage is officially dissolved. If no choice of law is made, there are various options. Do you need to get a divorce in the Netherlands? They may ask the court to make these arrangements. Of course, divorces can get extremely complicated. The registration can be done only after the judgment has become untouchable the force of res judicata.
This will be the case when at least one spouse still has habitual residence in the Netherlands. If, after determining the amount of alimony you are to receive, you and are capable of providing for yourself, your right to alimony may cease or be reduced to a lower amount. In both cases a lawyer is mandatory for filing the divorce petition. The judge will then decide on how much alimony will have to be paid and where the children will live for the time being. Registered partners and same-sex couples, proceed with caution! They can arrange this independently of each other, with the aid of a. The main part of the process takes the form of mediation meetings, where a divorce agreement is hammered out in the presence of a mediator, lawyer or notary.
Upon this matrimonial link, a necessary good, all societies are solidly based. Pension Rights Anyone who contributes towards a builds up entitlement to a retirement fund, or a. Ending a marriage If you and your partner have decided to end your you must submit your application to the court via registered legal representation. It will not be to your financial advantage or disadvantage if you are the person filing for divorce. Areas of law covered: Commercial — Labour — Family — Civil — Corporate — Criminal — Immigration. The child's wishes should also be taken into account in the drawing-up of the parenting plan. With regard to marriages solemnized abroad, the original marriage certificate or an older extract will suffice.