Separating can raise questions about your home, savings, debts and the care of children. Do you live in Arnhem and are you looking for clarity about your position under family law? You can put your situation to Arslan Advocaten. We discuss in advance which office and which lawyer can handle your question and how the appointment will be arranged.
This page is mainly about the financial settlement of a relationship and how it relates to arrangements about children. A marriage, a registered partnership and cohabitation do not automatically have the same consequences. That is why we start with your legal situation and the arrangements you have already made.
What have you arranged with each other legally?
In a marriage, a prenuptial agreement and the date of the marriage may be relevant to the division. In a registered partnership, conditions may also apply. In cohabitation, the cohabitation agreement is often an important starting point, alongside proof of ownership and separate arrangements.
Gather the original documents and any amendments. A recollection of what was discussed with the civil-law notary at the time is not always enough to establish the current rights. Arrangements about inheritances, gifts or private contributions may also be relevant.
The initial assessment maps out which matters are joint and which may remain private. After that, it can be examined which claims you have and which information is still missing. This prevents a proposal for the overall division from resting on incorrect assumptions.
Cohabitants and jointly owned assets
If you live together, it is not a given that everything is divided in half. Ownership and the arrangements made are important. This may work out differently for a home, a joint bank account and belongings that one partner has bought.
Contributions to the home can also lead to discussion. Did one of you put in your own money for the purchase or a renovation? Was anything agreed about that? Gather proof of payment, contracts and correspondence. The legal significance depends on the facts; a payment does not give rise to the same claim in every situation.
Make a list of assets and debts about which there is disagreement. For each item, note in whose name it is, who paid and which arrangement you believe applies. This shows which points require evidence or further assessment.
The same rules on spousal maintenance as for married couples do not automatically apply to cohabitants. Child maintenance is a separate question. So do not let these subjects disappear unnoticed into one general amount for the settlement.
Taking over or selling the home
If you jointly own a home in Arnhem, a decision must be made about what happens to it. Possible routes are a takeover by one partner or a sale. Value, mortgage, costs and implementation must be considered together.
One partner may want to stay, but must also be able to finance it. An arrangement about the division does not automatically release the departing partner from liability for the mortgage. Separate arrangements with the lender are often needed for that.
Also discuss the use of the home in the meantime. Who lives there until the home has been transferred or sold? Who pays which costs? What happens if an agreed deadline passes? Clarity on these questions can prevent a new conflict during the settlement.
In a sale, the parties must make arrangements about cooperation, pricing policy and practical implementation. If consultation on this fails, legal help may be needed. The approach depends on the ownership situation, existing arrangements and the specific obstacle.
Keeping debts and obligations apart
An arrangement between partners that one of them pays a debt does not automatically mean that the creditor can only hold that partner liable. The relationship between the two of you and the relationship with the bank or another creditor may differ.
So make an overview of loans, credit facilities and other relevant obligations. Note who signed the agreement and what the money was used for. Arrears and current payment arrangements must also be visible.
Before a final settlement, check whether amounts are up to date and whether any further obligations exist. An overall overview without underlying documents can miss important risks. We help you determine which information is necessary for a workable arrangement.
Arranging children and finances carefully at the same time
Arrangements about children require their own assessment, even if the financial settlement is not going smoothly. The division of care, school matters, the exchange of information and costs must match the needs of the child and the possibilities of the parents.
A parenting plan preferably contains specific arrangements about regular weeks, holidays, transport and consultation. Do not let financial disagreements unintentionally determine day-to-day implementation. Describe who shares which information and how changes are discussed.
For child maintenance, income and relevant circumstances, among other things, are important. An amount that is also presented as a contribution to housing costs or loan repayments can later cause confusion. Record which amount is intended for what and from when it applies.
If an existing arrangement no longer fits, we assess which change is needed. Do not stop or reduce an established payment without consultation because the division of assets has not yet been completed. The various obligations must be handled with legal care.
Temporary arrangements during the settlement
It can take time to establish the value of a home or to gather financial documents. Temporary arrangements can then provide peace of mind about costs, use of the home and the care of children. Make it clear that certain matters have not yet been settled definitively.
A temporary arrangement must also have a review point or end date. Agree which information is still to be provided and what the next step will be after that. This prevents a temporary situation from unnoticeably becoming an unclear situation without progress.
If a decision is urgently needed and consultation fails, it can be examined whether proceedings for an interim measure are appropriate. Mention the specific urgency when you first contact us. Availability and options depend on the circumstances and the procedure.
From proposal to enforceable agreement
A workable arrangement describes not only who is entitled to what, but also how and when the arrangement will be carried out. For sums of money, this concerns payment, security and any conditions. For a home, a transfer by a civil-law notary may be needed.
Have proposals assessed as a whole. A concession on one item may be linked to waiving rights on another matter. A final discharge and any exceptions to it must also match what the parties have actually examined and agreed.
Arslan can help you assess a proposal and formulate your position. We discuss whether negotiations make sense or whether a court decision may become necessary. The costs and scope of the assignment are agreed in advance.
Frequently asked questions about family law in Arnhem
Can I put my question to Arslan from Arnhem?
Yes. Describe your situation via the contact page. We agree who can assess the question, which office will handle it and how an appointment suits your situation. Mention any time limit that is running straight away.
As a cohabitant, do I automatically get half?
No, that cannot be said without looking at the ownership and arrangements. A cohabitation agreement, proof of payment and the names in which assets are registered may be relevant. Have the claims that exist assessed item by item.
Am I released from the mortgage if my ex-partner takes it over?
An arrangement between the two of you is not always enough for that. The lender must also accept the required change or the release from liability. Arrange the legal and financial implementation together.
What if I do not have all my bank statements?
Indicate which information is available and which is missing. Your lawyer can determine which documents are necessary and how they can be requested. Do not wait to get initial advice until you have found every document.
Do we have to divide everything first before we make arrangements about the children?
No. The subjects are connected in practice, but children may already need a clear temporary arrangement. Discuss which arrangements are needed now and which financial points will be settled definitively later.
Does a lawyer also help without going to court straight away?
Yes. Legal assistance can also consist of advice, assessment of a proposal or negotiations. The appropriate approach is tailored to your goal and to the willingness of the parties to make arrangements.
Discuss your situation
Contact Arslan Advocaten and mention Arnhem and the main family law questions. State whether you are married, have a registered partnership or live together. You can read more about our wider services under family law.