Adoption is the legal acceptance of a child. This can be a Dutch child or a child from abroad. Each form of adoption must fulfil a number of conditions. Adoption results in the arising of a new, legally valid family tie, with all rights and duties, between the child and the adoptive parents.
You can apply for ancillary relief in the context of the divorce proceedings, such as for example relief for the costs of your living costs, relief for the costs of the children, a contact order, and the manner in which the division of the community of property must take place.
If you or your spouse disagree with the judgment of the court, you, or as the case may be, your spouse can lodge an appeal with the Court of Appeal. The Court of Appeal will deal with the case again. A lawyer is necessary for this. A notice of appeal must be submitted within the appeal period. This amounts to 3 months from the judgment of the court.
Care and supervision order
A care and supervision order is an order-limiting authority. If very serious parenting problems occur in your family which threaten the development of your child, the court can order the supervision of your child. Such a far-reaching order as a care and supervision order is not granted automatically. This takes place exclusively if the court finds that it is necessary for your child that your family receives obligatory assistance.
Both parents are liable to maintain the children until they are 21 years of age. The costs of the children are first assessed. Thereupon, the extent of the financial capacity of both parents to contribute to the costs of the children is assessed. This is calculated on the basis of the TREMA (Journal for the Judiciary) standards.
An agreement in writing between two cohabitants. In this contract you can make arrangements about the costs of the household, the division/settlement of the assets in the event of divorce or death. You can also include an arrangement with regard to your wishes with regard to a pension.
Also referred to as divorce in consultation. This is a form of mediation, in the course of which you and your ex-partner are assisted by a collaborative divorce lawyer. A neutral coach, often a psychologist, guides the four discussions. An important agreement in case of collaborative divorce is that the engaged lawyers will not bring proceedings for and on your behalf if no agreement is reached.
Community of property
If you have not had a matrimonial contract drawn up by a civil-law notary, you will be married in a community of property. This means that in the event of a divorce, all property and debts will in principle have to be divided in equal parts.
Co-parenting is a parenting arrangement in the course of which you as parents both accept an equal share of the costs, care and responsibility for the upbringing of your child (children). Because of this you both become the caring parent. Characteristic of co-parenting is that you are both involved in the daily activities of your child (children).
If you are married and you are of the opinion that the marriage has irretrievably broken down, you can petition the court for the granting of a divorce. You will need a lawyer for this purpose. You can either choose a personal lawyer or a joint lawyer (divorce mediator). You will only be divorced when the decision of the court is registered in the registers of the registrar of births, deaths and marriages.
The agreements reached by you and your partner with regard to the consequences of the divorce are recorded in a divorce agreement and signed by both of you. For example, agreements with regard to the division of the community of property, spousal maintenance, pension and the matrimonial home.
You and your partner can opt for a divorce mediator. In that case, you are trying to reach agreement with each other during a number of discussions about what must be arranged for the divorce. The mediator will assist you during this in the legal field, as well as the emotional field. The divorce mediator focuses on the interests of both parties. If the mediation results in agreement, the arrangements will be recorded in a divorce agreement.
You can petition the court to grant a divorce. You will need a lawyer for this purpose. The lawyer will submit a petition for divorce to the court on your behalf. You can also apply for ancillary relief in the petition. The other party can respond to this by means of a statement of defence and also independently submit an application. After two rounds in writing, you will both be invited by the court for an oral hearing accompanied by both your lawyers. Following this, the court will pronounce a judgment.
An inheritance or estate is the entirety of assets and debts which a deceased person leaves behind.
Law of inheritance
This is the body of rules which apply to someone's inheritance. The law regulates the manner in which you can record matters with regard to inheritance. It also regulates what must be done if no last will and testament is drawn up.
If you do not wish to be married in a community of property, you must have a matrimonial contract drawn up through the intervention of a civil-law notary. In this contract you can make arrangements about the costs of the household, the division/settlement of the assets in the event of divorce or death. You can also include an arrangement with regard to your wishes with regard to a pension. It is also possible to draw up a matrimonial contract if you are already married.
During and after the divorce, you and your (ex) partner in principle have joint authority over your joint children. As parents, you are obliged to draw up a parenting plan prior to being able to separate. This plan must contain agreements with regard to the division of care, the costs of the children and the manner in which you will consult with each other about serious matters with regard to the children.
Division whereby each ex-partner receives half of the retirement pension, which has been accrued between the solemnisation of the marriage and the divorce. A deferred right to payment arises.
Placement in care
A placement in care means that your child is (temporarily) placed out of the house, for example in a children’s home or with a foster family. This can only take place if this is necessary for the purpose of the interests of your child. The maximum period is 1 year; however, this can be extended.
Sometimes, it is not possible to wait for the oral hearing in the context of divorce proceedings because an urgent decision is necessary. You can request your lawyer to apply to the court for preliminary relief on your behalf, which will apply during the divorce proceedings, such as for example an order for the costs of your living costs, an order for the costs of the children, a contact order, and the provisional right of use of the matrimonial home.
When someone cannot provide for his or her personal living costs after the dissolution of the marriage, he or she will have the right to a contribution with regard to the living costs. The extent of the prosperity of the marriage is taken into consideration thereby. Thereupon, the extent to which the maintenance debtor has financial capacity to contribute to the living costs will be taken into consideration.
Surviving dependant's pension
This is the payment to surviving dependants at the time when the person who has accrued the pension dies. In the past, this was called a widow and widower pension.
TREMA (Journal for the Judiciary) standards
For the determination of child and spousal maintenance lawyers/courts and appeal courts, you can make use of the TREMA (Journal for the Judiciary) standards. These can be consulted online
. A calculation is made on the basis of these standards of the financial capacity of the person obliged to pay maintenance.