Family law verdieping

JURISDICTION

Family law

TEN’s family lawyers

The first thing that most people think of on hearing the term family law is divorce. And it naturally has a major impact not only on the partners themselves but also on the children. A divorce, legal separation, or the termination of a registered partnership or cohabitation is a highly complex matter. If such matters are not arranged properly, then they can also have a major social impact.

huwelijksproblemen

If you are considering divorce, if you have a conflict about parental custody, access or if you want to change your surname or that of your child, then it is a matter of family law. These matters can be highly emotionally charged. Our specialised and experienced family law practitioners can assist in this regard, while also cooperating with you to ensure that not only are the business aspects settled, but the emotional side of the case is also continually taken into account. They can help you to resolve the conflict.

Family law lawyer

When you originally tied the proverbial knot, you did not assume for a moment that you would one day have to deal with a divorce or legal separation. If you have made the decision to split up, our divorce lawyers or mediators can help you get through this difficult period of your life. For instance, a parenting plan needs to be drawn up in many cases, while arrangements also have to be reached regarding the division of the community property or the settlement of your prenuptial agreement. Our divorce lawyers ensure that you are clearly informed in these complex cases, guiding you step by step to a satisfactory conclusion of the matter. Your divorce lawyer, our family law practitioner, strives to make the divorce process as pleasant as possible for you. Together with you, she/he endeavours to settle the case out of court, if you wish, to avoid making matters more difficult than they already are.

Divorce and business

Our family lawyers regularly handle divorces involving companies, and can therefore serve as your sparring partner in advance when it comes to establishing the implications of divorce for your business, given the need to divide community property according to the prenuptial agreement or cohabitation agreement you concluded. We cooperate with your financial partner (e.g. an accountant) to safeguard the legal position of not only the entrepreneur and the partner, but also those of others with an interest in the (continuity of the) company.

Spousal support and child support

In addition to divorce and legal separation, our family lawyers regularly have to deal with matters relating to conflicts concerning spousal support or child support. If you get divorced, you or your (former) partner may be entitled to spousal support. Furthermore, as parents, you remain responsible for the care and upbringing of your children, which implies that you may have to pay child support to the partner who takes care of the children on a daily basis. TEN’s family law practitioners would be pleased to assist you coming to an understanding with your (former) partner in this regard. In the event that consensus cannot be reached with your (former) partner, then we shall represent you in legal proceedings.

For more information about how much alimony you have to pay, we refer to our article “How much spousal and/or child support do I have to pay?

Contact arrangements

Of course, arrangements also have to be made regarding the division of care for and upbringing of your children in the event of a divorce. Contact arrangements therefore have to be included in the parenting plan. It is important that parents jointly reach clear agreements in this regard if at all possible. If you fail to do so, however, then our family law practitioners will advise and assist you in having the court either establish the contact arrangements required, or amend existing arrangements that are no longer workable.

Acknowledgement of a child and descent

Other family law cases include circumstances relating to the acknowledgement of a child. One example of this is the case where an attempt to acknowledge your child is thwarted by the mother. After all, acknowledgement calls for the consent of either the mother or child. The court can then intervene to issue proxy consent. Our family law practitioners can assist you in acquiring this, of course. TEN is also the right place to come if you have a query about some other aspect of acknowledgement or descent.

Parental custody

If you cohabit but are not married or registered partners, acknowledging your child does not automatically grant you parental custody. If you wish to apply for parental custody, our lawyers can advise you accordingly. However, if your former partner is keen to take sole custody of your child against your wishes, you need help with an application for sole parental custody, or your child is removed from your custody, please feel do not hesitate to contact our specialists. They can offer you both sound advice and a helping hand.

For more information about parental custody, we refer to our article “Parental authority

Divorce or separation: what needs to be arranged?

You and your partner have decided to separate or divorce and you are now wondering what needs to be arranged. We have written an article about how to handle this: “I want to divorce. How do I manage that?” We also refer you to the government website. You can find a checklist here. After filling in a number of questions, you will receive an overview of all the matters that need to be arranged and which apply to your situation.

Child Interview

Are you and your partner separating or are  involved in legal proceedings regarding access, parental authority, maintenance or supervision? In that case, the court can invite children from 12 to 18 years old for a child interview. In this interview, children can tell the judge what they think of the situation and that is important because for them too it is important who they are going to live with, who they are going to be with during the summer or Christmas holidays and how their birthdays will be celebrated.

Parenting coordination

Do you and your ex-partner have minor children and do you disagree about the care arrangement, choice of school, place of residence, vacation or other matters that concern your child(ren)? Then a Parenting Coordination can help you with this.

Parenting Coordination is a new way of out-of-court conflict resolution that puts the best interests of the child first. Vera Nijenhof-van der Donk is Parenting Coordinator. For more information about Parenting Coordination, click here.

Collaborative divorce

In a collaborative divorce, a team works together to ensure that the best possible and most sustainable settlement of the divorce is achieved for both parties. In any case, the team consists of two lawyers, so for each party a lawyer who represents the interests of the client and a coach/process counselor. The coach/process counselor is often a psychologist and will ensure that the process runs smoothly and that the emotions are channeled in the right direction. If there are various financial matters that need to be settled in the divorce, such as a company or assets, a financial advisor can also be engaged.

For more information about collaborative divorce, click here. 

Other matters

Our family law practitioners can assist you not only in the aforementioned circumstances, but also in the event of conflicts concerning name changes, adoptions, family supervision orders and placement in care. Thanks to their specialisation, continuous training and extensive practical experience, they are well-versed in all these fields!

Our family law practitioners

TEN’s family law department comprises seven specialised family law practitioners, who remain at your disposal. Each and every one of them has such extensive experience that know you have come to the right place!

Want to know more? If so, please contact one of our family law practitioners.

Relevant articles (in Dutch)

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