Family law

Divorces or termination of cohabitation

When we talk about a divorce we actually talk about the discontinuation of a relation and the arrangement of its practical consequences. Such consequences can occur when married, but this not always have to be the case. When you are not married, but e.g. do have kids or possess mutual property, things could occur for which you need legal advice. Who keeps on living in the house? Who is going to take care of the children?

When you are married and want a divorce, it is legally obligated to consult legal assistance. This is because a judge has to terminate the marriage and legal representation in court is mandatory. These are moments for which you have to prepare very well and in which you can oversee things quickly. This is because a divorce is not a regular matter to deal with.

Do you have under aged kids? There is a possibility that you will have to pay child alimony, even when you were not married. Another important aspect in this respect is arranging the contact with the children, legally obliged through a parental plan.

Dividing the inheritance

Are you coping with a loss in your environment, this leads to many questions. What has to be arranged? Was there a will? Do you have to accept, refuse or just partially accept the inheritance? What are your rights? Is there a house which has to be divided by the heirs? What is its value? How to deal with a company of one of the parents? Who will continue the company?

Is there an executor appointed in the will or should he/she still be appointed? How do you arrange this? What if arguments erupt concerning the division of the inheritance? What do you have to do as executor when your position is discussed, although you are appointed by the will?

Which agreements can be made concerning the inheritance? Was the will formed or changed in the correct way? When no will exist, general inheritance law stipulates who are the heirs and how much they inherit.

What is being arranged by inheritance law? According to that law the last surviving spouse or registered partner inherits all. Such a legal division applies in situations when no will is left behind. The inheritance for the children is calculated in money, but this will only be received after both parents have passed away. Discussions however still could erupt, e.g. on the height of the inheritance after the passing of the first parent. It is also possible that children die and other situations can occur which change the case drastically, e.g. when the last surviving partner finds a new partner. This can threaten the inheritance for the children. ‘Assembled’ families produce difficult situations related to inheritances.

For questions or aid in either matter, divorces or inheritances, SMART Attorneys is your helping hand.