Engaging a family law attorney is essential when your relationship ends or when a dispute arises about children, maintenance or assets. A divorce or family law dispute has major emotional and financial consequences. An experienced family law attorney safeguards your rights, develops a clear strategy and ensures that agreements are legally enforceable.
In this comprehensive overview, you will read what a family law attorney can do for you regarding divorce, maintenance, parental authority and division of assets, which statutory rules apply and how to maximize your legal position.
When do you need a family law attorney?
A family law attorney is necessary for, among other things:
- Divorce or termination of a registered partnership
- Division of community of property
- Spousal maintenance and child maintenance
- Parental authority and contact arrangements
- Modification of earlier court orders
- Provisional measures during the proceedings
- International family law matters
The earlier a family law attorney is involved, the better your negotiating position and the lower the risk of costly mistakes.
Divorce: legal basis and procedure
A divorce is granted when there is an irretrievable breakdown of the marriage (Article 1:151 Dutch Civil Code (BW)). A family law attorney files the petition with the court and guides you through the entire petition procedure.
In a divorce several issues must be legally arranged:
- Division of assets and debts
- Spousal maintenance
- Child maintenance
- Parental authority and contact
- Parenting plan (mandatory where there are minor children)
More general information can be found at the Government of the Netherlands and on Rechtspraak.nl.
Division of assets after 2018: limited community of property
Since 1 January 2018 the limited community of property applies. As a rule, only assets built up during the marriage fall into the community. Pre-marital assets and inheritances remain private, unless otherwise stipulated.
A family law attorney analyses:
- Which assets form part of the community
- Whether reimbursement claims (vergoedingsrechten) exist
- How business assets should be valued
- Whether there are concealed assets
For entrepreneurs, this often requires an expert valuation. See also our page on company law.
Spousal maintenance: needs and ability to pay
Spousal maintenance is governed by Article 1:157 Dutch Civil Code (BW). The amount is determined on the basis of needs and ability to pay. In doing so, the court applies the so-called Tremanormen (Dutch judiciary guidelines).
A family law attorney assesses:
- The marriage-related needs
- The ability-to-pay calculation
- The statutory duration of maintenance
- Whether limitation or reduction to nil is possible
The maximum duration is in principle five years, unless exceptions apply.
Child maintenance: the child’s interests come first
In child maintenance, the child’s interests come first. Both parents have a duty to support. The contribution is calculated based on ability to pay and the care arrangement.
A change of circumstances—for example loss of income—may justify a recalculation. A family law attorney can file a variation request with the court.
Parental authority and contact
After separation, parents in principle retain joint parental authority (Article 1:251 Dutch Civil Code (BW)). Only when this is not in the child’s interests can sole parental authority be awarded.
A family law attorney helps to draw up a parenting plan that records agreements on:
- Primary residence
- Care arrangement
- Holidays and vacations
- Decision-making about schooling and medical care
If consultation is not possible, the court will decide.
Provisional measures
During the divorce proceedings, provisional measures can be requested. Examples include:
- Temporary spousal maintenance
- Temporary use of the home
- Interim contact arrangement
A family law attorney ensures these are requested in a timely and strategic manner.
International aspects
In international marriages, the question may arise which law applies and which court has jurisdiction. European regulations, such as Brussels II-ter, play a role in this. A family law attorney analyses jurisdiction and the applicable law.
Litigation strategy: negotiation or proceedings?
Not every case needs to be fully litigated. Sometimes mediation is possible. When negotiations break down, a family law attorney will start petition proceedings at the court.
You can read more about civil proceedings on our page about civil procedure.
Relationship with other areas of law
- Employment law in income disputes
- Tenancy law regarding allocation of the home
- Insurance law for life insurance policies
- Company law in division of a business
- Civil procedure in court proceedings
Costs and state-funded legal aid
In family law matters, if you qualify, we work on a subsidized legal aid basis (toevoeging). This means that the Legal Aid Board (Raad voor Rechtsbijstand) reimburses a large part of the attorney’s fees when your income is below the statutory threshold. You then pay only a statutory personal contribution.
Conclusion: a family law attorney protects your future
A divorce or family law conflict calls for legal precision and strategic insight. A family law attorney helps you make well-considered choices, protects your financial position and safeguards your children’s interests.
Would you like to discuss your situation with a family law attorney? You can contact us for an initial assessment of your file.
Read also
- Child maintenance: How is it determined and what are your rights?
- Arranging a divorce: a step-by-step guide for a smooth divorce process
- Spousal maintenance: Everything you need to know
Frequently asked questions
When do I need a family law attorney?
You need an attorney for divorce, arranging parental authority, maintenance, or for international family law matters. Involving an attorney helps protect your rights and reach a legally robust arrangement.
What does a family law attorney arrange in a divorce?
An attorney arranges, among other things, the division of assets and debts, spousal and child maintenance, parental authority and contact arrangements, and the drafting of a parenting plan for minor children. All this is done in accordance with the statutory rules and with your interests in mind.
How is spousal maintenance determined?
The amount of spousal maintenance is determined on the basis of needs and ability to pay, according to the Tremanormen (Dutch judiciary guidelines). An attorney analyses your situation and advises on the maximum duration and possible limitations of the maintenance.
What does the limited community of property since 2018 mean?
Since 2018, only assets built up during the marriage fall into the community, while pre-marital assets and inheritances remain private. An attorney can help you determine which assets fall within the community.
Need help from a lawyer?
Our attorneys specialize in employment law and tenancy law.
Need help? Our family law attorney is ready to assist you. Contact us without obligation for a free initial consultation.
