Family law
The core of the Bracke-Advocatuur practice is Family Law. This comprehensive area includes:
(International) divorces, divorces for entrepreneurs, termination of registered partnership or co-habitation contracts.
A divorce, or termination of a registered partnership (onlywhen children are involved), takes place through a petition to the court. You can submit the petition together with your partner or yourself (unilateral request). The lawyer submits the petition to the court. Do you apply for the divorce together? Then 1 lawyer is enough.
In case of a unilateral request or if you do not agree with each other, you must each choose your own lawyer.
Divorcing spouses often have conflicting interests. In case of a divorce, good agreements must be made with regard to the children (parental plan), upkeep/maintanance, division of the joint assets / settlement of marital conditions and pension rights.
Childeren visitation rights
Children and parents, and possibly others, are entitled to be in contact with each other. The office can advise you in setting up the contact arrangement, changing the contact arrangement and so on between the non-custodial parent and the minor child.
Custody for minors/children and custody/authority disputes
Maintaining joint parental custody is considered to be in the best interest of the child. Joint custody can only be rejected if there is an unacceptable risk that children will become a pawn between both parents or that their well being is at risk. The office can provide legal assistance in the event of a change in parental custody/authority to a full or joint parental custody.
Article 1: 253a of the Dutch Civil Code
This article provides a parent or caretaker who has custody over a child, the possibility of submitting a dispute with the other authoritative parent or guardian about that child to the court. This must be done through a petition to the court for which you need legal representation. This may include:
- a custodial conflict (e.g. permission to go on holiday with the child or permission to move house with the child);
- a dispute about the distribution of care tasks about the child (for example, also regarding the distribution of holidays)
- a dispute about the child's primary place of residence (with which parent the child lives / is registered);
- a dispute about how the parents inform and consult each other about their child (a parent who does not receive information about his or her child from the other parent can ask the court to impose an information obligation on the other parent).
Alimony calculation
Alimony is a contribution to be paid or received by you to cater for the cost of living for the benefit of children and / or partner. This legal maintenance obligation exists for:
- (former) spouses and (ex-) registered partners;
- children
In the context of determining child support and / or partner support, you can calculate what amount you have to pay for your former partner or child. Or you can ask assistance in calculating the amount of child support or partner support to which you are entitled. You can also ask for a "second opinion" regarding calculated alimony.
Reformed child schemes were introduced on 1 January 2015.
The most important (tax) changes, or new regulations, are:
- the tax benefit for child support (personal allowance) has lapsed;
- the single-parent discounts have been abolished and replaced by the single parent head in the childbound budget (Kind Gebonden Budget);
Due to these changes it is quite possible that previously-imposed maintenance obligations need to be adjusted due to changed circumstances.
Division of estate/property
Division of the joint estate in case of divorce or division of joint items of property in the case of a registered partnership or termination of an agreement.
Name changes
When can I change my first name?
Anyone with the Dutch nationality can change their name (in certain cases). You can read all about it on the following pages:
Page about changing first name
Page about changing last / family name
Parental plan
In the context of the "Law on continued parenthood and careful separation", the legislator has made it compulsory for parents with children going through a divorce, termination of registered partnership or, in case of a note in the authority register, in the event of a termination of theirliving agreement, to define a parental plan. In this parental plan, agreements must be made about the care and upbringing of the children after the divorce. Bracke-advocatuur can coach you and offer assistance with drafting a parental plan.
Settlement of marital conditions, settlement of co-habitation contracts
If one enters a marriage, one marries by operation of law under the general community of goods. If one wishes to divert from this, a notarial deed may be drawn up before or during the marriage before the notary.
Often a periodical settlement clause and / or a final settlement clause are included in the marital conditions. In a divorce settlement of such a settlement clause often leads to discussion.
In the case of a periodical set-off clause, the surplus income (the income that has remained vacuous) should be divided annually between the spouses. However, it is rarely calculated between spouses each year. When at the end of a marriagegoods have to be divided, it often causes complications.
Pension equalization
As from May 1,1995 the Law on Settlement of Pension Rights is applicable in case of divorce. This law stipulates that in the event of divorce, the retirement pension accrued by each party during the marriage must be divided by half. Parties can make other agreements in this regard. Spouses can exclude the application of this law. This exclusion can only be explicitly agreed in the case of a marriage contract or a divorce agreement. In some cases, the aforementioned law does not apply in which case the pension is distributed in accordance with the so-called "Boon-Van Loon" judgment.
Placed under supervision (OTS) or out of home placement
If it is argued that a minor child grows up in such a way that his/her moral or spiritual interests or his/her health are seriously threatened, the juvenile court judge can place him under supervision (OTS) or take a decision on where a child/children will be placed (outside of their on home/away from their primary care givers).
Such a protection measure may be requested by, among others, one of the parents, the Child Care and Protection Board or the Public Prosecution Service. It is often difficult to argue against such authorities. Bracke-advocatuur has extensive experience with these procedures.
Other areas
Paternity actions / denial of paternity, mentorship, under control etc.
