Blogs.

Can I get permission from the judge for future vacations with my minor children?

Published on 06 October 2021 - Reading time 3 minutes

When there is joint parental authority this means that you cannot go abroad with your minor child(ren) without the permission of your ex-partner. This permission must be given in writing using a form. This form can be downloaded via this link. For a detailed explanation of when permission from your ex-partner is and is not needed, I refer you t... read more

Can I get permission from the judge for future vacations with my minor children?

Vaccinating children against the coronavirus

Published on 21 September 2021 - Reading time 3 minutes

Since 2 July 2021, children aged 12 to 17 can receive a Pfizer vaccine against the coronavirus. Vaccinating children in general Judges consider vaccinations under the National Vaccination Programme to be medical treatment, intended to protect children from contracting a disease, according to case law (see for example: Rotterdam District Court ... read more

Vaccinating children against the coronavirus

What conditions must a claim for reimbursement of household expenses meet in order to be successful?

Published on 13 August 2021 - Reading time 2 minutes

In its judgment of 10 March 2021 (ECLI:NL:RBDHA:2021:2390), the District Court of The Hague determined when a reconstruction of the costs of household expenses after a break-up of a cohabitation of many years can lead to a successful claim for reimbursement. The parties had lived together for 28 years. Their cohabitation agreement contained a p... read more

What conditions must a claim for reimbursement of household expenses meet in order to be successful?

Spousal support: what if my ex-partner doesn't want to work?

Published on 09 August 2021 - Reading time 5 minutes

If you are married or have entered into a registered partnership, you are liable to pay spousal support to each other in the event of a separation. In this blog I explain how the Dutch Courts determines spousal support and to what extent the obligation to work (more) can be imposed on an ex-partner. Determining the so-called ‘marital need’ In ... read more

Spousal support: what if my ex-partner doesn't want to work?

Divorce: what about the children?

Published on 05 August 2021 - Reading time 5 minutes

Do you have a family and are you splitting up? Then agreements will have to be made about the children. Monique Beijersbergen explains what has to be arranged regarding the children. Applicable law As long as the children reside in the Netherlands, Dutch law is applicable to the related consequences of the divorce for them, regardless of the n... read more

Divorce: what about the children?

Spousal support and the entrepeneur

Published on 28 July 2021 - Reading time 3 minutes

When you are getting divorced, you may have to pay spousal support to your ex-partner. In first instance, it is important that the person asking for spousal support is unable to provide for himself/herself. This is also called neediness. Subsequently, the marital need must first be established. This means determining what both parties need fina... read more

Spousal support and the entrepeneur

Which living expenses does the court take into account when calculating child support?

Published on 21 July 2021 - Reading time 4 minutes

Earlier this year the Supreme Court, the highest court in the Netherlands, gave its opinion on the flat-rate living expenses in child support. In this blog I will explain what the fixed housing costs are and in which cases, according to the Supreme Court, the actual living costs can be taken into account when determining child support. Flat-rat... read more

Which living expenses does the court take into account when calculating child support?

Should the statutory portion be abolished?

Lawyer Coen van den End

Published on 18 June 2021 - Reading time 4 minutes

Should the statutory portion be abolished? Or should the statutory portion, as it is currently stated in the Dutch law, continue to exist? If so, should this be maintained unchanged or should changes be made by the legislator? Such questions about the statutory portion remain a recurring theme and, in fact, they have been discussed for a long ti... read more

Should the statutory portion be abolished?

Establishing whether someone is legally competent: how does it work?

Published on 15 June 2021 - Reading time 5 minutes

The term ‘legally competent’ indicates whether someone is capable of making certain decisions for themselves and in fact refers to the right to self-determination that someone has. In several places in Dutch law, the counterpart of this term, ‘legally incompetent’ occurs. Legal test for legal capacity when drawing up or amending a will The que... read more

Establishing whether someone is legally competent: how does it work?

Litigation costs order in family law

Published on 09 June 2021 - Reading time 3 minutes

Despite the fact that in civil law it is common for the party who loses the case to be ordered to pay the litigation costs, this is a rarity in family law. In this blog I will discuss the situations when an order to pay legal costs in family law is possible. Main rule: compensation of legal costs According to Dutch law (article 237 Code of Pro... read more

Litigation costs order in family law

Conditions for income-dependent combination discount for co-parents further clarified by the Supreme Court of the Netherlands

Published on 09 April 2021 - Reading time 3 minutes

Do you work? And do you combine that with looking after your young children? Then you may qualify for an income-dependent combination discount. For co-parents, additional conditions apply. Recently, the Supreme Court clarified these additional conditions in a judgment (HR 29 January 2021, ECLI:NL:2021:142). Before going into detail, I will summa... read more

Conditions for income-dependent combination discount for co-parents further clarified by the Supreme Court of the Netherlands

What can be seen as cross-stay expenses for children in 2020?

Published on 18 February 2021 - Reading time 2 minutes

When you and your ex-partner separate, the costs of care and upbringing of your children will have to be divided between the two of you. There is a distinction to be made between accommodation/daily expenses and cross-stay expenses for your children. In this blog, I will briefly list these expenses and indicate, using a recent ruling, what has b... read more

What can be seen as cross-stay expenses for children in 2020?

Can my ex-partner decide to relocate with our children? A judicial prohibition to relocate and a court order to move back further explained.

Published on 18 February 2021 - Reading time 5 minutes

After a divorce, one or both parents may have a strong desire to move with the children. This could be because of a new job, new partner or other reason. However, this is not something that can be done overnight. In this blog I explain what is legally possible to prevent a planned relocation without the consent of the other parent or to turn bac... read more

Can my ex-partner decide to relocate with our children? A judicial prohibition to relocate and a court order to move back further explained.

Which of the spouses may live in the marital home during the divorce?

Published on 08 February 2021 - Reading time 2 minutes

When two spouses own a home together, a common question is which of them may continue to live in the home during the divorce. If the home is jointly owned, both spouses have an equal right to stay in the home. One spouse may not deny the other spouse access to the home or change the locks of the home.It is preferable to make agreements in consul... read more

Which of the spouses may live in the marital home during the divorce?

When can I claim a part of the inheritance my partner receives?

Published on 11 January 2021 - Reading time 3 minutes

In this blog I explain in what situation you can claim a part of the inheritance that your partner receives, based on Dutch law. This depends both on what the testator included in his/her will and what you agreed with your partner. What is in the testator’s will? The first step is to determine whether the will of the person who died, the testa... read more

When can I claim a part of the inheritance my partner receives?

What does it mean for the visitation or care arrangement if my children are in quarantine with my ex-partner because of Corona?

Published on 07 April 2020 - Reading time 2 minutes

Due to the measures taken to prevent the spread of the Corona virus, schools, public facilities, restaurants and stores have been closed for several weeks now and the majority of people are working at home.In the current circumstances, it is important that parents comply as much as possible with the agreements made by them on the visitation or c... read more

What does it mean for the visitation or care arrangement if my children are in quarantine with my ex-partner because of Corona?