The law of persons and family law is a very extensive area of law which everyone encounters sooner or later. This area of law applies when getting married, notifying a birth or getting divorced. The attorneys and notary practice at OMVR are familiar with every aspect of the law of persons and family law. We discuss your specific requirements in a personal meeting. We assist you with advice so you can make the right choices.
Terminating a marriage or partnership is a painful event for the people involved. It is an emotional period in which many personal, practical and financial decisions need to be made. Expert legal assistance is required in order to reach good agreements. As well as arranging the divorce, other arrangements often also need to made, such as drawing up a parenting plan, the division of the marital community of property and the assessment of claims for alimony. The specialists at OMVR provide professional assistance. This will enable you to legally separate smoothly.
Parents are required by law to contribute to the cost of maintaining and raising their children. The level of this contribution needs to be decided when parents separate. It may also be the case than one partner owes maintenance to the other partner. If the income or the family make-up changes it is possible for this contribution to be recalculated. Specialists at OMVR offer advice in calculating the correct maintenance contribution.
A divorce can be arranged amicably. Both parties are then jointly assisted by one attorney who represents the interests of both parties. All arrangements are recorded in an agreement. The legal and tax possibilities and consequences are included in the joint advice. For this approach to handling your divorce OMVR has specialists who are members of the Association of Family Law Attorneys and Divorce Mediators (Vereniging voor Familierechtadvocaten en Scheidingsbemiddelaars - vFAS).
Partners can cohabit with or without a cohabitation contract. However a cohabitation contract prepared by a notary is advisable, since this gives entitlements to certain pension provisions and tax advantages. If a cohabitation breaks down, this has major consequences for the parties concerned. There may be household goods to divide or agreements may need to be made concerning the care of any children. OMVR will assist you with this. We're involved at both the start and the end of cohabitation contracts.
Generally speaking parents have joint authority over the children born within a marriage or registered partnership. Joint authority remains the guiding principle after divorce. It can be that one of the parents believes that joint authority is not in their child's interest. In that case sole authority can be requested. This request is only granted if there's a risk that the child will end up torn or lost between the parents. It may also be the parents have a dispute about the parental authority, e.g. in the case of a relocation or medical treatment. If necessary OMVR will submit your dispute to the courts.
If there are is a serious threat to the mental or physical wellbeing of child, the family court can decide to place the child under supervision. If this is not sufficient, a request can be made to place the child in care. These measures are very drastic for the parents and children. OMVR's specialists are committed and provide assistance with such procedures.
Disputes about inheritances are often emotional. The disputes are generally personal and thereby legally complex. In these situations it's important to seek assistance from a legal specialist, so the correct steps can be taken. OMVR has experts who are members of the Association of Inheritance Law Attorneys (Vereniging voor Erfrecht Advocaten - VEAN). We like to think along with you.