Family Law: Our Professional and Committed Guidance
Family law attorneys at Simmelink Advocaten assist you in making informed decisions by providing clear information and personal support at every step.
Family law touches the core of your personal life and presents both legal and emotional challenges. Alimony, asset division, and parenting plans are often complex issues that require careful attention. Discretion and clear guidance are essential to prevent conflicts and bring peace during this difficult time.
Family law is our expertise, and we ensure clear agreements regarding alimony, asset distribution, and the care of your children. At Simmelink Advocaten, our expertise guarantees a professional approach, with personal guidance that helps you make every decision with confidence.
Divorce and separation
A divorce or separation is a complex process where specialized knowledge and attention to emotional aspects are essential. At Simmelink Advocaten, we understand the emotional impact of a separation, whether it comes unexpectedly or is mutually decided. We guide you carefully through the process, from arrangements regarding housing, assets, pensions, and alimony to drafting a parenting plan for minor children.
Our lawyers provide expert support and ensure your best interests are represented, especially in complex situations such as businesses or significant assets. Contact us for expert advice and guidance.
Learn more about the different types of separations.
Especially in more complex situations, such as those involving businesses, significant assets, or international aspects, it is prudent to engage a lawyer at an early stage. This ensures that your best interests are represented and you are well guided.
International Family Law
At Simmelink Advocaten, we offer extensive expertise in international family law, focusing on Dutch nationals abroad and expatriates in the Netherlands. We handle complex matters such as international divorces, relocations, and alimony issues. We combine in-depth knowledge of Dutch family law with private international law and international treaties to provide effective advice and guidance tailored to your situation.
Our services include:
International Divorce and Mediation
Divorcing as an expat in the Netherlands
Divorcing Your Foreign Partner with an Unknown Address
Access arrangements and custody issues
Division of assets and pensions
We also offer second opinions and independent legal advice. Our office is regionally based in Maarssen/Utrecht, Netherlands, and accessible worldwide via phone, email, and video calls. Contact us for personalized and expert advice.
Learn more about a selection of various issues from our practice with which we have assisted our clients. Naturally, we can also provide support for other types of cases or in other countries. Feel free to present your matter to us without obligation.
Children
During a divorce, it is essential to make clear agreements about the care and upbringing of the children. This includes decisions on the division of care days, the financial contributions of both parents, and the possible payment of child support. These agreements are recorded in a parenting plan, which is filed with the court along with the divorce petition.
We also offer expert legal advice and support in complex situations, such as expatriates or when one of the parents lives abroad. Our team is ready to guide you through these drastic changes in your family situation with understanding and professionalism.
Child support
Child support is a financial arrangement in which one parent pays an amount to the other parent after a divorce, intended as a contribution to the children’s expenses. Parents, even after divorce, remain jointly responsible for the care and upbringing of their children, including the financial aspects.
To get an initial indication of the amount of child support you may have to pay or could receive, use our free child support calculation tool. This calculator asks you a number of questions about your family situation and the income of both you and your ex-partner, in order to provide an estimate of the expected alimony amount.
Spousal support
Spousal maintenance is a financial contribution towards the living expenses that one ex-partner pays to the other following a divorce or the dissolution of a registered partnership. This obligation arises when one of the ex-partners is unable to fully provide for their own living expenses.
In most cases, the maintenance obligor pays a monthly amount to the maintenance recipient for a number of years. However, it is also possible to mutually agree to buy off the alimony obligation by paying a lump sum. In addition, other different arrangements can be made depending on the specific situation and needs of both parties.
Assets
In the event of divorce or separation, the division of assets and the home is one of the most important and complex aspects. Law Firm Simmelink provides you with expert legal assistance to handle these matters carefully and fairly. Our experienced attorneys assist you with:
Taking inventory and dividing assets and debts.
Preparing a distribution plan.
Everything about home ownership: take over, stay put, or sell?
Protecting your interests, both inside and outside of the courtroom.
Pension
In the event of divorce or separation, the division of pension rights is one of the most important and complex aspects. Law Firm Simmelink offers expert legal assistance to ensure that your pension rights are distributed carefully and fairly. Our experienced attorneys are ready to support you with:
Understanding accrued pension rights
We will help you get a clear overview of all pension rights accrued during the marriage, both by you and your ex-partner.
Drawing up a distribution plan
Together with you, we will draft a comprehensive plan for the allocation of pension rights, ensuring that both parties receive their rightful entitlements.
Beratung zum Versorgungsausgleichsgesetz (VersAusglG)
Wir begleiten Sie durch die rechtlichen Regelungen und stellen sicher, dass der Versorgungsausgleich korrekt gemäß der aktuellen Gesetzgebung durchgeführt wird.
Representing your interests both in and out of the courtroom
Whether in negotiations or legal proceedings, we are committed to protecting and defending your interests.
Joint custody as parents over children
La custodia compartida de los hijos se refiere a las responsabilidades y derechos de los padres sobre sus hijos menores. This involves decision-making regarding parenting, care, and the child’s assets. When parents do not live together or divorce, the issue of custody often arises. This can range from joint custody, where both parents have a say, to sole custody with one deciding parent.
At Simmelink Law Firm, the welfare of the child is paramount. We carefully guide parents through divorces or the termination of cohabitations, with the goal of finding a solution that benefits both the child and the parents.
Division of community property or settlement of prenuptial agreement
With a marriage or registered partnership, there are three regimes in the Netherlands:
Limited community of property
Applies to marriages from Jan. 1, 2018, where pre-marital assets and debts remain personal.
General community of property
Applies to marriages before Jan. 1, 2018, in which all assets and debts are common.
Prenuptial agreement
Drafted by a notary, it allows you to make your own arrangements.
We offer expert guidance in handling these matters and additional advice in the preparation of prenuptial agreements. Our practical experience helps prevent future problems. We advise on what should be included in the terms and conditions and accompany you to the notary.
Contact us for more information.
Expert guidance and legal advice in divorce and family law
At our law firm, we offer a wide range of legal services to assist you with various legal issues. With our extensive knowledge and experience, both nationally and internationally, we are prepared to support you with the appropriate course of action in all cases.
Advice
When you consider taking legal action or wish to gain more insight into a matter, our initial advice is crucial. It provides you with a clear understanding of your position and available options. We ensure you are fully informed so you can make your decisions with confidence and certainty.
Independent Legal Advice
If you have doubts about previously received legal advice, a second opinion offers you the opportunity to have your situation assessed by another expert. With a fresh, independent perspective, we assist you in gaining new insights, ensuring you are confident in your next steps.
Advice and Second Opinion on Filing an Appeal
If a court ruling raises questions regarding legal interpretation, you can rely on us to guide you in considering an appeal. We provide a detailed analysis to make the best strategic choices, allowing you to proceed with confidence in your next steps.
Mediation
Resolve conflicts with the help of a neutral third party who mediates between the parties involved, often less time-consuming and costly than litigation.
Advocacy
Obtain legal representation and defense in lawsuits and other legal proceedings, including advice on the impact of a potential divorce and the associated financial and legal consequences.
Divorce mediation
Arrange the practical and legal aspects of your divorce, such as property division, alimony and child support.
Inheritance Law Advice
Receive guidance in handling estates, including the drafting of wills, advice on the distribution of inheritances and representation in inheritance disputes.
Online divorce and video calling
If you live further away or are abroad, you can have contact with our lawyers via secure video calling, offering flexibility and convenience while maintaining our quality and personal contact.
Our services are designed to assist you with legal issues and arrive at the best solutions.
Frequently Asked Questions
What is family law?
Law of persons and family law is an area of civil law that focuses on all kinds of family relationships, such as birth, marriage, divorce and protection of persons. This right is described in the Civil Code, among others.
In addition, international law also plays a major role. For example, the European Convention on Human Rights (ECHR) contains the main rules relating to family law, which have a major impact in the Netherlands. In particular, the fundamental right to family life, Article 8 ECHR, has great influence on case law and legislation.
What does a family law lawyer cost?
At Simmelink Lawyers, we understand that the cost of legal representation is an important consideration. This is why we strive for clarity and transparency in our fees. Costs depend on several factors, including the complexity of your case and the lawyer’s experience.
We offer different rate structures:
Hourly rate
This depends on the nature and complexity of your case. We will discuss this rate during the intake interview.
Fixed price
For certain services, such as first name changes and alimony calculations, we offer a fixed price.
Funded legal aid (formerly: pro bono lawyer)
Depending on your income, you may qualify for subsidized legal aid. If your case can be handled on an add-on basis, it is best to contact the Legal Help Desk. They will help you find a lawyer who works on this basis.
Legal expenses insurance
If you have legal expenses insurance, it may cover the costs.
We provide periodic billing so you always have a clear overview of the costs. During the free, no-obligation intake consultation, we will give you an accurate overview of the expected costs so you know where you stand.
How does the European Convention on Human Rights (ECHR) affect family law?
The European Convention on Human Rights (ECHR) plays an important role in of shaping family law legislation and jurisprudence in the Netherlands by setting fundamental standards and protecting individual rights within the context of family relationships.
The main topics are:
Right to a fair trial (Article 6 ECHR)
The main rights are independent and impartial court, public hearing of the case, judgment within reasonable time and the right to a fair trial with legal representation.
Respect for private and family life (Family life) (Article 8 ECHR)
The impact on family law includes such things as: right to a private life to make personal decisions, importance of family life such as divorce, access arrangements and parental authority.
