Divorce

Divorce; you all hope it doesn't happen to you. But unfortunately, for about one in three couples, it does.
Whether you are married, in a registered partnership, or living together, when breaking up, the problems and emotions are the same. There is often disappointment and misunderstanding, especially if one of the partners has a new love in the picture. And in that situation, some important agreements must then be made.

For instance, you have to agree on who will continue to live in the house, how the care of the children will be divided, how the costs for the house and for the care of the children will be divided, the division of the car and belongings, payment of alimony to one of the partners, etcetera.
Many people cannot and do not want to make these decisions alone and enlist the help of an expert.
Of course, you can each have your own lawyer, but if you are still on speaking terms with each other, it is advisable to go to a mediator together.
After all, looking for solutions together is a better basis for the future than each trying to make the best of things with their own adviser. Especially if there are children, you remain connected to each other throughout your life because of these children. And then it is nice if you can still get along reasonably well with each other....

Because the notary has to be called in anyway for the division of the house and/or for the division of the shares in the BV (private limited company), a notary-mediator specialised in (marital) divorces(VMN) is often chosen. This notary-mediator is absolutely impartial and not only specialised in divorce law, maintenance and pensions, but has also learned to deal with the often intense emotions involved in a divorce. The notary-mediator can also draw up a parenting plan and point out the problems that may arise with the children.
The advantage is that he can immediately arrange any changes to the prenuptial agreement in view of the divorce and amend the wills if so desired.

The first meeting with the mediator will focus on your personal situation and the background of the divorce. An inventory is also made of what things need to be arranged. And if there are things that need to be arranged urgently (e.g. housing, contribution to costs), this can be started immediately.

Once agreements have been made on all issues (housing, spousal support, division of assets, care and contribution to child support, and pension), these will be laid down in a covenant. The notary-mediator will immediately make a notarial deed of this. The advantage of this is that the deed is binding evidence. Also, with a notarial deed, the financial agreements can be enforced directly by a bailiff without the intervention of a judge or lawyer, in case these agreements are not fulfilled.

For more information on divorce with notary-mediator assistance, please contact our VMN notary-mediators Helma Leonhard or Aniel Autar. They will be happy to help you.