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Separation and divorce

Separation and divorce in a national and international context

For anyone involved in it, a separation or a divorce is often a difficult and distressing process. Expert legal assistance takes the edge off this process. There are various ways of managing the consequences a divorce will bring.

Divorce mediation is a good way to arrive at a separation or a divorce. Both parties intend to find a solution together. Only then can the mediation process begin. If mediation is not an option, each party will consult his/her own lawyer. Even then, consultations between lawyers remain possible. If consultations during mediation or between both lawyers result in a covenant, the court will include the provisions of the covenant in the divorce decree.

If you cannot solve it together, the court– after proceedings in writing – will decide on the children and on issues such as the division of joint property and support or alimony.

If each party consults their own lawyer, the court will – after proceedings in writing – pronounce the divorce and the court will then take decisions on the children and issues like the division of joint property and maintenance or alimony. Consultations between the respective lawyers will always remain a possibility and sometimes the lawyers may draw up a covenant – an agreement – on your behalf that includes arrangements about the consequences of the divorce. The court will then pronounce the divorce and will include the provisions from the covenant, just as in divorce mediation.

Being a law firm in The Hague, Chambers Advocaten is pre-eminently specialised in international divorce cases often falling under the jurisdiction of the Court of The Hague, but it may be that – in accordance with rules and regulations of private international law – foreign law will be applied to matters of alimony and the settlement of the marital property regime.

If you are not married, but live together, you can separate without any court proceedings. A separation does have consequences, of course, and sometimes a lawyer can help you, especially when there are children involved, or you own a house together. Chambers Advocaten can also advise you in this situation. Please click on “termination of a cohabitation relationship (settlement cohabitation contracts).

When you come and visit our office, one of our lawyers will discuss the various possibilities with you concerning a separation or divorce. Depending on your wishes and your personal circumstances, we will choose – together with you – the best possibility for you, including a cost-benefit analysis. Please call or e-mail us for an appointment.