A divorce affects your family, your home and your financial future. Arslan Advocaten helps clients from Den Bosch with family law questions from our offices in Tilburg and Eindhoven. We map out what needs to be arranged now, what can be discussed and which matters call for legal assistance. Do you have a business, a jointly owned home or minor children? Then we look at those matters in conjunction.
You do not need a complete divorce plan when you first get in touch. Tell us what is going on and whether there is already a proposal, an arrangement or a letter from a lawyer. That allows us to determine which documents are needed and which step takes priority. You can read more about our help with other family matters on the page family law.
First an overview of your family and your finances
In a divorce, emotions and practical decisions are intertwined. Who stays in the home for the time being? How are the costs paid? When are the children with which parent? It helps to distinguish temporary arrangements from the final settlement. A temporary payment or care arrangement does not have to have the same outcome as a final arrangement.
Write down which arrangements are already in place and which points of discussion remain. Also note what you yourself want to achieve. Keeping the home may be important, for example, but it must also be financially feasible. A quick division is of little value if uncertainty later arises about a debt or the value of a business.
We first discuss your legal position and then the options for consultation. If proceedings are needed, it must be clear which decision you are asking for and what it is based on. A divorce is applied for at the court through a lawyer. We assess which court has jurisdiction on the basis of the circumstances of your case.
Divorcing when one of you is an entrepreneur
Having your own business often makes a divorce more complicated. The income on a payslip does not always tell the whole story about the financial possibilities. With a sole proprietorship, general partnership (vof) or private limited company (bv), business assets, private drawings, loans and profit trends, among other things, may be relevant. The legal form and your prenuptial agreement partly determine which questions need to be examined.
So do not just gather recent annual accounts, but also the arrangements concerning the business. Think of the articles of association, a shareholders’ agreement, current-account relationships and arrangements about private money contributed to the business. Not every document is needed in every case. We first determine which information genuinely helps the assessment.
A valuation may be needed for the division. In that respect, the distinction between the value on paper and the room to actually pay out an amount is important. A settlement must take account of the continuity of the business, financing and the interests of both partners. We do not promise a fixed outcome on the basis of a single profit figure.
For maintenance, too, the available income must be looked at carefully. An occasional good year is something different from structural financial capacity. Conversely, a low salary paid out does not automatically make clear what is reasonably available. Where necessary, we discuss whether additional financial expertise is needed and what costs that involves.
The joint home and ongoing costs
If you want to stay in your home in Den Bosch, ownership, the mortgage and affordability are separate questions. An arrangement between partners that one of them takes over the mortgage does not automatically release the other from obligations towards the bank. The transfer and financing must also actually be arranged.
Set out the mortgage debt, current costs and any other financing. In the case of a possible takeover, a substantiated valuation is also important. Discuss what happens if financing does not work out: will the home then be sold, is there a deadline and who pays which costs in the meantime?
A rented home is subject to different rules, such as who is the tenant or joint tenant and who can continue to live there. Do not simply go by who actually left first. Bring the tenancy agreement, so that the legal position can be assessed separately.
Arrangements for children that remain workable
After a divorce, parents remain involved in the care and upbringing of their children. The parenting plan can contain arrangements about the division of care, the exchange of information and costs. Day-to-day workability deserves as much attention as the wording on paper.
For parents with irregular working hours or their own business, a standard weekly schedule can be difficult. So also work out how you pass on changes, how holidays are divided and who arranges transport. Describe when consultation is needed about school, medical care or other important decisions.
A child should not become the messenger between parents. Make arrangements about direct contact and a fixed way of exchanging information. If consultation reaches a deadlock, we look at the legal question behind it: is it about parental authority, primary residence, contact or compliance with existing arrangements?
Maintenance and changing arrangements
Child maintenance and spousal maintenance are based on different principles. A calculation requires information about income, costs and personal circumstances. Amounts found online or arrangements made by people you know are therefore not a reliable yardstick for your own situation.
Are there already arrangements, or is there a court decision? Bring them with you. A change in income, the division of care or the family situation may be a reason to look at the existing arrangement again. That does not mean that you can reduce or stop a set amount without consultation.
A proposal on maintenance can have consequences for the rest of the settlement. We therefore also discuss from when an amount applies, how arrears are dealt with and how arrangements are recorded. For entrepreneurs, sound substantiation of the financial data is particularly important.
Consultation, a settlement or proceedings
Not every disagreement calls for litigation straight away. Sometimes missing information is needed first, or a concrete proposal can get the consultation going. We help you limit the discussion to the points that really make a difference.
Proceedings may be needed when arrangements are not forthcoming, information is being withheld or a temporary decision cannot wait. We then discuss the aim, the evidence, the costs and the uncertainties. A court decision does not automatically provide a solution for every practical issue; implementation arrangements may still be needed afterwards.
If one lawyer is approached jointly, it must first be considered whether joint assistance is appropriate and what role that lawyer has. Where interests conflict, independent assistance is important. Do not assume that your ex-partner’s lawyer also represents your interests.
What should you bring to a first meeting?
- A brief description of your family situation and the matters on which there is a difference of opinion.
- A prenuptial agreement, registered partnership agreement or cohabitation agreement, if there is one.
- Recent income details and information about the home, the mortgage and relevant debts.
- In the case of a business: available annual accounts and arrangements about ownership and financing.
- An existing parenting plan, maintenance arrangement, court decision or proposal from the other party.
- Letters with a deadline for response or a hearing date.
Do not send your complete financial records without consultation when you first get in touch. We will discuss which documents are needed and how you can provide them. A clear timeline often helps more than a large collection of separate messages.
Frequently asked questions about family law in Den Bosch
Can I go to Arslan if I live in Den Bosch?
Yes. You can discuss your family case through our offices in Tilburg and Eindhoven. When you first get in touch, we agree who can handle your question and how an appointment will be arranged.
Does my business have to be sold in a divorce?
That does not automatically follow from a divorce. The legal form, ownership relationships, the prenuptial agreement and the financial possibilities are relevant. First it must become clear which value and claims play a role in the settlement.
Can I record arrangements temporarily?
Temporary arrangements can bring calm regarding the home, costs or children. Do record what the arrangement concerns, how long it applies and which matters are still open. Have it assessed whether the wording unintentionally anticipates the final settlement.
What if my ex-partner does not provide financial information?
Set out precisely which information is missing and why it is needed. Your lawyer can request specific documents and discuss the options available if the information is not provided voluntarily. A suspicion alone is no substitute for substantiation.
What does legal help with a divorce cost?
That depends on the matters involved, the information available and whether consultation or proceedings are needed. Discuss the engagement, the rates and any additional costs in advance. If subsidised legal aid may be relevant, it can be examined whether you qualify for it.
Can I get in touch before I decide to divorce?
Yes. You can also first ask for insight into your position and the consequences of possible choices. Indicate that you are exploring your options, so that the assessment can be tailored accordingly.
Discuss your family case
Would you like to know what is sensible in your situation? Contact Arslan Advocaten and mention that you are from Den Bosch. Briefly indicate whether your question concerns divorce, children, maintenance or the division of assets. Mention any existing deadline straight away.