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Separation and divorce

Separation and divorce in a national and international context

A separation or a divorce is often a difficult and distressing process. Expert legal assistance with regard to the legal consequences without forgetting the emotions, 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. If both parties intend to find a solution together and are prepared to keep the other’s interests in mind and especially those of the children, the mediation process can be set up. If mediation is not an option, collaborative divorce may be another possibility. See the section on collaborative divorce. If both mediation and collaborative divorce are out of the question, each party will consult a lawyer of their own. Even then, consultations between lawyers remain not only possible, but definitely advisable. If consultations during mediation or between both lawyers result in a covenant including all the arrangements about the consequences of the separation, the court will include the provisions of the covenant in the divorce decree and there will be no need for a court session.

If you cannot work it out together, the court – after proceedings in writing and a court hearing – will decide on the children and on issues such as maintenance and the division of joint property. Sometimes this leads to a messy divorce, which we at Chambers Advocaten always try to avoid.

Operating as a law firm in The Hague, Chambers Advocaten is pre-eminently specialised in international divorce cases falling under the jurisdiction of the District Court of The Hague, but it may be that – in accordance with the rules and regulations of private international law – foreign law is applied to maintenance and the settlement of the marital property regime. In this world of increasing globalisation, marriages between partners with different nationalities occur quite often and may lead to additional problems in case of a divorce, especially when there are no arrangements about the applicable law regarding 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 see/read the section related to termination of a cohabitation relationship (settlement cohabitation contracts).

When you come to our offices, one of our lawyers will discuss the various possibilities with you to arrive at a separation or divorce. Depending on your wishes and your personal circumstances, we will chose the best possible way for you and with you and we will make a costs and benefits analysis. Please call or mail us to make an appointment.

Any questions about the above or about another topic? Please call us at 070-3154000, or send a mail to: secretariaat@chambersadvocaten.nl.