Family law and family property law relates to everything to do with the rights and obligations of persons, households and families. You often experience this during unusual or very drastic life events. We start every file with an extensive discussion and then collect the necessary information. Is an immediate compromise possible? Then we will look for a solution for you by means of discreet and focused negotiations. Of course, our firm is not afraid to take on proceedings, and we will offer you strong support in court.
Below you will find an overview of a number of aspects of family law and family property law where our firm has particular expertise. Do not hesitate to contact us if you wish to discuss this or other topics with us.
Marriage - divorce
Are you thinking of entering into matrimony in the near future? Then it is very important to verify your rights and obligations, so you know what the consequences of marriage are, and of the kind of marriage contract you choose, in the short and long term. The support of a lawyer is also very important in the case of divorce proceedings. He or she will look together with you at what your wishes and aims are and will assist you from A to Z.
Your lawyer can assist during this entire process with advice and action and can discuss the following questions with you, including:
- Do you want to get married but don’t know about your rights and obligations?
- You don’t know which marriage regime suits your specific situation best?
- Negotiations and proceedings
- Do you wish to negotiate with your (ex-)partner about the division of property and the settlement as regards the children?
- Do you or your partner wish to divorce by means of a divorce by mutual consent?
- Has your partner summoned you to appear in divorce proceedings or do you wish to start proceedings yourself?
- Alimony and provisional divorce arrangements
- Unsure who can stay in the family house during the divorce proceedings?
- Don’t know who will have to pay the rent/mortgage?
- Do you want to reach an arrangement as regards your children?
- Payments after divorce
- Are you entitled to an alimony as an ex-spouse after divorce?
- Unsure how much and for how long?
- Don’t know what the consequences of a new relationship are as regards yourself or your ex-spouse?
- Settlement and division after divorce
- Have you divorced but still own immovable property with your ex-spouse?
- Do you together own a business that has to be divided?
- Are you entitled to a part of the group insurance and life insurance of your spouse?
Legal and de facto cohabitation
Legal or de facto cohabitation? More and more couples opt for one of these forms of cohabitation. Our lawyers will be pleased to advise you on the choice and will explain the differences to you. They will also discuss the consequences of both forms of relationship and the possibilities that cohabitation agreements can offer. It is important to be well-informed, certainly given that legal or de facto cohabitation with or without a contract also has specific consequences if your relationship breaks down. If it comes to a split, then your lawyer will support and help you to deal with the financial side, the division of the movable and immovable properties, etc.
Parents and children
The relationship between the parent and child is unique and needs special attention. How can you protect this relationship or preserve your special connection? These are certainly questions that are frequently asked following a split and within newly constituted households. Our firm will be pleased to assist you. Our lawyers will help you in the first place to protect the interests of your children. As a parent, you have rights and obligations, but it is not always clear what these are exactly and what exactly one can force the other parent to do. It is in the interest of the parents and the children to come to a compromise.
Your lawyer will assist you as regards:
- Parental authority and guardianship
- Are you allowed to take decisions regarding the upbringing and education of your children on your own?
- Are you unable as parents to reach agreement on the school you choose for your children?
- Custody arrangements for children and right to personal contact
- Is it necessary to work out a custody arrangement for your children?
- Have you not seen your children for a long time and do you want to make contact again?
- Do you want equal custody for both parents?
- Do you want to make contact again with your grandchildren?
- Maintenance payments for children
- Does the other parent not pay any maintenance for your children?
- Are you wondering which parent has to pay the exceptional costs for the children?
- How much do you need to pay for your children?
- Are you unable to pay the maintenance any longer due to changed circumstances or are you no longer able to manage with the maintenance that you receive?
- Are you still obliged to pay child allowance after your children reach the age of majority?
Ancestry and adoption
Of course the ancestry of the child is not everything, but it has not only emotionally, but also legally far-reaching consequences. The fact is that ancestry links entail certain rights and obligations, both for the parents and for the child, and they are also decisive as regards determining inheritance rights and maintenance obligations. Therefore, determining or disputing ancestry has important consequences. We will be pleased to advise you on all ancestry and adoption cases.
When dealing with protection cases, a youth lawyer is assigned to all minors. He or she will support the adolescent during public hearings, hearings in chambers of the juvenile court, and of course throughout all redress negotiations. Has your child been placed under the supervision of the juvenile court? It is then appropriate as a parent to arrange to be assisted by a lawyer as well. The lawyer will promote your interests and those of your household.
Protection of adults
In some cases, adults require special protection, for example because of their age and/or their health. As a relative, you can make use of a lawyer to provide for such protection, for example by making the necessary arrangements with family members or by appointing a representative to manage the adult’s property and income. If it is not possible to reach an amicable agreement or if this is not sufficient, then it is also possible to provide for an administrator with the intervention of a justice of the peace. Your lawyer will assist you with both the preparation and the details of the practical consequences.
Gifts – wills – inheritances
A death causes not only sadness and grieving, but also practical headaches. In practice, this often results in arguments and even disputes within the family. Your lawyer will try to promote your interests in a calm manner and to preserve your rights, both by means of negotiations with the notary and by means of the necessary family law procedures. The best thing of course is to avoid disputes in general; good preparation or planning can help with this. Our firm will be pleased to assist you with the correct processing of:
- Do you wish to make a donation to one of your children or grandchildren?
- Can you favour one of your children and what will be the consequences of this?
- How can you make a legally valid donation to your best friend?
- How can I transfer my assets in a tax-efficient manner?
- Can I still administer assets after a donation?
- Was the will drawn up in a valid manner?
- What are the consequences of an invalid will?
- How can I ensure that my will is definitely implemented in accordance with my wishes?
- Inheritances and division thereof
- Are you entitled to part of an inheritance as a stepchild?
- Who is entitled to what?
- What is the difference between usufruct and bare ownership?