Divorce is an emotional matter and it is therefore important that not only the legal side of it is considered, but that also the emotional side of it receives a fair amount of attention. The divorce lawyers of our firm will guarantee this. Our basic principle is to go through the divorce proceedings adequately, professionally and above all, calmly.
Divorce proceedings: unilateral petition or joint petition
Divorce proceedings may be set in motion by unilateral petition and by joint petition. In a joint petition for divorce, the divorce lawyer of the firm will represent both you and your ex-partner in most cases. In a conversation we will discuss the consequences of the divorce with you and your ex-partner and we will make arrangements regarding this. These arrangements will subsequently be recorded in a divorce agreement which will then be submitted to the court. One of the advantages of submitting a joint petition rather than a unilateral one is that this legal action takes up less time. Moreover, the divorce will then be settled in a calmer, more serene manner. For more information on this, you may always contact one of our experienced divorce lawyers (by phone).
Recently, legislation regarding divorce was amended on a number of points. This legislative amendment envisages to reduce the problems surrounding divorce and parental access. The purpose of the legislative amendment is that parents will think about how to fill in parenthood after the divorce at an early stage and make clear and binding arrangements about this. The parents will be required, either or not with the support from their lawyer, to draft a so-called parenting plan, in which they determine how they wish to shape the joint care and upbringing of their child(ren) after the divorce. Drafting such a plan is obligatory for both the unilateral as well as the joint petition.
In this regard it is important that a lawyer who is knowledgeable and experienced in the field of divorce is engaged at an early stage to discuss with you the various topics of the divorce that play a role in the care and upringing of the child(ren). This is done so that in consultation an individual tailor-made parenting plan may be drafted. After or during the divorce proceedings, the matrimonial property consisting of the joint assets and liabilities must be divided. Our firm has the expertise in this field and will be pleased to be of service to you to arrange this adequately and professionally in consultation with you. After all, an experienced and knowledgeable divorce lawyer will prevent you from being adversely affected with regard to the division of the matrimonial property.
Parental access arrangements with children
In principle you have the right of access to your child(ren), also when you are not married and you have not acknowledged the child(ren). In the first instance our firm aims to determine a parental access arrangement with your ex-partner or with the lawyer of your ex-partner which is in the interest of your child(ren). In most cases this will have swift and efficient results. Should this not lead to the desired result, it will obviously be possible to have the court determine a parental access arrangement. Both in the mediation phase and during proceedings we will be prepared to look after your interests in an expert and adequate manner.
A court will reject a request regarding parental access arrangements only if the parental access is not in the best interest of the child(ren). The Child Care and Protection Board advises the court after an extensive investigation in the matter.
Are you dissatisfied with the parental access arrangement? One that has already been determined may yet be amended, in case there is a change in circumstances and for instance if the interest of your child(ren) opposes the parental access.
Has the parental access arrangement not been complied with? In the event that the parental access arrangement is not complied with by the other party, this may be enforced via legal action. Here it is also important to have expert and swift legal assistance.
In the event that both parents have custody they will jointly take important decisions regarding care and upbringing of the child or the children, for instance about medical care and choice of school. When do you determine joint custody? If you are not married only the mother will have custody. In order to arrange for the father to also have custody, at the request of one of the parents joint custody may be determined by the court. Also after a divorce the principle will be continuation of joint custody, where parents must make arrangements prior to the divorce about the care and upbringing of the child or children after the divorce.
Change of joint custody? In the event that the other party is not able to adequately give shape to the care and upbringing of the children, a change of custody may be applied for. However, in general the court will not accept bad communication between parents as grounds for changing custody. In any case, this may happen in a situation where the child or children become trapped between the parents and maintaining joint custody is no longer in the best interest of the child or children.
Lawyer specializing in maintenance law
In the event that parties are having a divorce it is important to determine spousal support and child support. Upon determining these on the one hand, the needs of the child or of the former partner play an important role and on the other hand, so do the capacity of the party that is obliged to pay maintenance. Our expert in maintenance law is a lawyer with extensive know-how, experience and knowledge regarding the calculation of child support and spousal support.
Are you no longer capable of paying maintenance because your income situation has changed? You have come to the right place. We can submit a request to the court to amend the maintenance. In order to determine if you are no longer capable of paying maintenance our firm will first draw up a calculation of your ability to pay, based on data submitted by you. In any case, it is important to engage a knowledgeable and experienced lawyer specializing in maintenance law to prevent being confronted with a sky-high maintenance claim later on.
Ending a relationship is also an emotional matter and it is therefore important that not only the legal side of it is considered, but that also the emotional side of it receives a fair amount of attention. The lawyers of our firm will guarantee this. Our basic principle is to go through the proceedings adequately, professionally and above all, calmly. If you are not married and your relationship has ended you may have some business to arrange, such as the division of the joint dwelling and joint goods, determination of child support and determining the parental access to the children. It is often useful to engage expert and experienced legal assistance to prevent damages.
Should you have questions about one of the subjects discussed hereinbefore, please contact us free of obligation. We will be happy to speak to you, also if you simply are momentarily at a loss and have questions, you may contact us free of obligation. We request you to fill out the fields on the contact form to the fullest extent. Subsequently, we will contact you.