Personal law and family law

Assistance with a divorce is an important part of the work of our Personal and Family Law department. If you are about to end your marriage or cohabitation, you will need to make a number of important decisions. These have far-reaching consequences, both financial and emotional. That is a difficult combination, which can easily derail the divorce process. These problems also play a role in inheritance issues.

Expert guidance, with both aspects in mind, can prevent lengthy and costly proceedings. This can take the form of mediation or consultation, with each party having their own lawyer but agreeing to apply the principles and rules of mediation. This results in a quicker solution with more options for input from the parties and less emotional strain.

Advice

Is there a right to joint parenting, how does a child account work, what benefits can a single parent claim? And what is the effect of those benefits on the calculation of alimony? If there is a community of property, do all the possessions have to be split 50/50 or are exceptions possible? If both a period-linked and a final set-off clause have been agreed upon in the prenuptial agreement, which takes precedence? Which is better, conversion or equalisation of pension rights? When can I claim my statutory share? How far does the power of an executor extend? We will be only too happy to help you with detailed information and advice on this and many other questions.

Litigation

Most people are nowadays aware of the need for consultation in order to avoid an acrimonious divorce or protracted division proceedings. However, it is not always possible to conclude a divorce agreement or a settlement agreement. In some cases, the matter will need to be decided on in court. If that proves necessary, then Thuis Partners are there to assist you.

Subjects

Personal law and family law cover the following:

• custody and access;
• child and partner maintenance (alimony);
• settlement of prenuptial agreement;
• division of community of property;
• equalisation of pension rights;
• legal guardianship, administration, and protection order;
• statutory share;
• powers and obligations of executor;
• settlement and division of estate.

Please contact our Personal law and family law department with any questions about these matters.