Divorce

((an adaptation of) The wedding portrait by Rembrandt from Marten Soolmans (a Flemish merchant who fled to Holland) and Oopje Coppit))

In addition to the emotional side, a lot of things have to be arranged:

What is and how is maintenance allowance for underage / adult children calculated?
Am I entitled to a personal benefit or do I have to pay one myself?
What if I’m married with or without a marriage contract?
What are the tax consequences of a divorce?
What if a legal cohabitation is terminated? To what extent does protection apply?
And what if there was only a de facto cohabitation(but possibly children were born during this relationship)?
What about parental authority, and what parental access arrangements are available?

After all, divorce itself is a procedure, but after that usually follows an additional procedure liquidation-division (at the notary) - How should we divide all the property? What about the family home?

Divorce proceedings are now much smoother than before. If, for example, both spouses live more than 1 year apart and at an effectively separated address, the divorce can be requested and obtained immediately. A divorce by mutual consent can be done through a notary or a lawyer. The lawyer will take care for the interests of his client and can provide full information. A notary will mainly look for an agreement to intervene. This is good in itself, but it may be that afterwards it turns out that not everything was explained and that 1 of the parties is disadvantaged due to ignorance.

The criteria for determining the maintenance allowance between spouses are different now. During the divorce, the maintenance allowance is estimated in relation to the lifestyle one would have had if there had not been a divorce (Court of Cassation April 25, 2016). After the divorce, a claim can be made for maintenance allowance that must cover the state of "need". It concerns the economic self-reliance of that former spouse (measured on the basis of the average standard of living in a similar situation - upbringing, social status, education, age and health status).

An appointment with a lawyer is useful for maintenance payments. There are methods to calculate it, and there is a separate arrangement for the normal maintenance payments and the contributions for the special costs. Good and complete descriptions are essential.

Problems can arise especially with children. It is essential that both parents rise above their personal conflict and sit together to work out the best arrangement in function of the best interests of their children. Usually partners are hurt and these feelings prevent them from seeing clear. However, this will help a lot. As a rule, a court will ratify an agreement between the parents (do not forget to sign a document with that arrangement or a mutual confirmation by e-mail).

After a divorce there will be divided what was available on the date of the start of the divorce (including debts). What was obtained during the marriage through inheritance or donation or was had before the marriage, belongs to that spouse his equity. When money of a spouse his own funds is used for purchases or improvement works on real estate, one is entitled not only to the repayment of the used sum, but even the added value that was created by it (see for example the increase in value of houses). Marriage contracts can also have a major impact on the distribution. Rarely is this explained in detail for marriage, because love is not business. A division is a matter that can cause enormous differences in the final result. There, the knowledge and assistance of a lawyer can provide very great added value.

We try to limit our interventions for the most difficult moments that require special legal knowledge. We will encourage you to do what you can do yourself. We will provide a few rules of thumb and assist you without actually intervening for everything, which can also save costs considerably. You can always ask specific questions.