In a divorce or family conflict, you want to know what you need to arrange and which choices will affect your home, your children and your income. Arslan Advocaten assists clients from Breda from our office in Tilburg. We advise on arrangements, negotiate where possible and discuss proceedings when a decision by the court is needed.

This page mainly helps you to organise the consequences of separating: who stays in the home, how are assets and debts assessed, what happens with maintenance and which arrangements are needed for the children? International aspects and the enforcement of earlier arrangements may also play a role.

Discuss your family law situation. Indicate which decision is urgent and whether you have already received a letter from a lawyer or a court.

What should you arrange first in a divorce?

Start by distinguishing between temporary and final matters. You may need clarity now about housing and payments, while selling the home or dividing assets requires more preparation. A temporary arrangement should therefore make clear for which period it applies and which final matters are still outstanding.

The joint home: use, ownership and financing

The fact that one partner stays in the home does not automatically mean that this partner can also take it over. Ownership, the mortgage and the division between the partners must be assessed separately. A takeover may require the cooperation of the lender. An arrangement between partners does not by itself release anyone from obligations towards the bank.

So gather the ownership and mortgage details, a current statement of the loan balance and available information about the value of the home. Make clear which payments each of you has made since separating. Besides interest or rent, also think of insurance, taxes and necessary maintenance costs.

Sale or takeover reaches a deadlock

A workable arrangement describes more than just the fact that the home will be sold. It may be necessary to record how an estate agent is chosen, how offers are dealt with and within what period a takeover must be looked into. When consultation reaches a deadlock, we consider which claim or application fits the specific situation.

Rented homes raise different questions from owner-occupied homes. Who is the tenant or joint tenant and which arrangement applies must be established first. So do not use a standard arrangement about ownership to solve a tenancy question.

Who pays as long as nothing has been settled definitively?

Make an overview of fixed costs and actual payments. A division of costs may be linked to the use of the home and other financial arrangements. Read more about fixed costs during a divorce. Do not cancel all joint payments without consultation if that could lead to arrears or other problems.

Assets, debts and prenuptial agreements

The division depends on your legal situation. Are you married, when did that happen and was a prenuptial agreement made? Do you have a registered partnership, or do you live together under a cohabitation agreement? Foreign connecting factors can also influence which law applies. The assumption that everything is always split in two is therefore not a safe basis.

Map out bank accounts, loans, vehicles, insurance policies and other relevant assets. Note down what you already know and which information is missing. A useful overview keeps assets, debts and any reimbursement or settlement questions separate. Where possible, use documents with the same reference date, so that amounts are comparable.

A business or your own company

If one partner is an entrepreneur, income and the value of the business may raise different questions. The amount withdrawn each month is not automatically the full measure of financial capacity or value. Annual accounts, tax returns and the legal structure may be relevant. Additional financial expertise is sometimes needed.

Fictitious example: partners agree that one of them will keep the home, but have not yet looked into whether financing is possible and how a settlement claim will be paid. An arrangement that appears to be complete may then reach a deadlock later on. Testing whether it can be carried out first makes the arrangement stronger.

Making arrangements for the children workable in practice

Where children are concerned, the matters include care, residence, holidays, information and costs. Think in terms of the child’s daily life: school hours, childcare, rest, sport and contact with both parents. An arrangement that looks balanced on paper can cause problems in practice if work schedules or travel times have not been taken into account.

Parental authority, the division of care and maintenance are different matters, although they can be connected. So describe separately which decisions are shared, where the child lives and how costs are dealt with. Keep existing court decisions and the parenting plan to hand.

Changing or enforcing an arrangement

If arrangements are not being carried out, this may be due to unwillingness, unclear wording or changed circumstances. Note down specific events and attempts to reach a solution. That helps to determine whether clarification, consultation, a change or compliance is the appropriate request.

See the explanation of a contact arrangement that is not being complied with and of an information arrangement for a parent without parental authority. Do not automatically draw the same conclusion for every situation in which parents disagree.

Setting, changing or collecting maintenance

A maintenance question starts with the right information. For an initial calculation, need and financial capacity are important matters. For a change, it must also be examined which starting points were used earlier and what has changed since. So send the existing court order, the divorce settlement and earlier calculations.

Spousal maintenance is subject to different rules from child maintenance. Its duration and termination also require a separate assessment. An agreed amount does not simply remain appropriate with every change in income, but nor may it automatically be adjusted unilaterally.

If payment is not made, draw up a month-by-month overview of the amounts due and received. It must be clear which enforceable title or arrangement the payment is based on. Read more about maintenance that is not being paid.

A marriage, divorce or assets abroad

Where there are ties with several countries, jurisdiction, applicable law and recognition may be separate questions. State, for example, where you were married, where you and your partner live, which nationalities are relevant and whether there is already a foreign decision. Also think of assets or a home in another country.

A marriage in, for example, Turkey or Morocco requires an assessment of the specific documents and legal consequences. Do not rely solely on the name of a ceremony or document. With a purely religious union, it must likewise first be made clear what has been legally recorded and which separate arrangements exist.

If a foreign divorce has already been pronounced, recognition of that divorce in the Netherlands may be relevant. Bring any available certificates and decisions and state whether translations or legalisations are already available. We will discuss which additional documents are needed.

Consultation, your own lawyer or an application to the court

Consultation can help to make arrangements that both parties can carry out. That does not mean that acting jointly is always appropriate. Where interests conflict, information is missing or there is considerable pressure, an assessment of your own position may be needed. When you get in touch, say whether you want joint assistance or would like your own position to be assessed.

A lawyer is required for a divorce application. The Dutch judiciary provides general information about the divorce procedure and mandatory legal representation per type of proceedings. Which court has jurisdiction follows from the case and the rules, not solely from your place of residence in Breda or our office address.

If you have an urgent question about the home, the children or finances, a temporary solution may be needed. For this, see the explanation of provisional measures in a divorce. State straight away what will go wrong without a measure and on what date that is an issue.

What should you bring to the intake?

• A brief description of your type of relationship, family situation and main question.
• An existing prenuptial agreement, cohabitation agreement, divorce settlement or parenting plan.
• Letters from lawyers or courts, including time limits and hearing dates.
• Information about income, the home and relevant assets or debts.
• Earlier decisions or certificates, including foreign ones if they play a role.

You do not have to collect every document in advance. A missing document should never be a reason to let an urgent time limit expire. Indicate clearly which information you do have and which details are still held by the other party or an authority.

Costs and family law assistance for Breda

For clients from Breda, contact takes place through our office in Tilburg. There you will find the current contact and address details. We discuss the assistance you want, availability and costs before any work begins.

In addition to lawyer’s fees, court fees, translations, valuations or other case costs may be relevant. Depending on income, assets and the case, subsidised legal aid may be possible, with a personal contribution and possibly other costs. Also take a look at our family law practice and the profile of Gülcan Alkilic.

Frequently asked questions about family law in Breda

Can I get advice before actually getting divorced?

Yes. You can first have your position and options assessed. An advice meeting does not mean that proceedings will be started straight away. Indicate which choices you want to prepare and which information you are missing for that.

My partner wants to keep the home. Do I have to agree to that?

Whether a takeover is possible must be assessed on the basis of ownership, financing and the financial settlement. The wish of one partner is not a complete arrangement. Have the conditions and feasibility examined.

Do we have to agree on everything before a divorce can begin?

No, not every matter has to be resolved in advance. The extent of agreement does, however, influence the approach and the course of the case. We discuss which arrangements have already been settled and on which points a decision is needed.

What if my ex-partner is withholding information about finances?

Make it specific which information is missing and why it is relevant. We assess which information can be requested and which legal route is appropriate if it is not provided voluntarily. Only collect information yourself to which you have lawful access.

Can I have earlier arrangements reassessed?

Yes, you can. The options depend on the matter, the wording and any change in circumstances. A maintenance arrangement, a division of assets and a care arrangement are not automatically subject to the same rules for change.

What is the first step with a foreign marriage certificate?

Tell us which country and document are involved and which question you want to resolve. The certificate may be relevant for registration, recognition or proceedings. We will discuss which documents and any translations are needed.

Request family law advice — for clients from Breda, from Tilburg.