During our initial meeting it became clear that both partners first needed space to vent their grievances towards each other. After two joint sessions and one individual session, they were ready to make the first steps moving on from their relationship; the space was created to address the more practical side of the divorce, the division of assets.
They married two years ago, with arrangements regarding the legal paternity over their children. However, they did not consider that they were wed under the community of property, making any prior verbal arrangements void. With experts in our network, we discovered the so-called repentance arrangement the couple could make use of. This arrangement allowed their verbal arrangements to be legally correct as well. This allowed them to arrange their affairs in the manner to which they intended, without negative financial or fiscal consequences.
The only thing left was the parenting plan. The clients recognized in each other that they are both great parents and were also very aware that the family love needed to be protected. We also explained that a parenting plan is a working document; part of our aftercare is that we always connect with clients after a year to find out if they are experiencing practical challenges.
Separating via videocalls only? No problem. Even when it’s an international divorce, with multiple jurisdictions applicable. During their marriage this couple had drawn up a prenuptial agreement with a financial settlement of the assets abroad. Unfortunately, this agreement did not take into account the assets present in The Netherlands, making what should have been a straightforward process, complicated.
They both agreed that one partner would keep all assets abroad and the other all local assets. In our network we have a family lawyer with extensive experience with international divorce cases. This was essential, as some considerations needed to follow Dutch law, yet marital property would follow the abroad jurisdiction as this was specifically decided in the prenup. We presented this case to the Dutch tax authorities, to make sure that we would comply with the guiding tax regulations if we would continue with our approach. Even though this was cleared, we went from one legal complication to the next. In consultation with a financial advisor, we were able to provide a tailor-made agreement to fit their needs. This provided the ideal solution to a multi-layered, complex case.
Best of all, we could shield the couple from these complexities, resulting in the clients being able to keep their attention on the divorce process and end their marriage collaboratively.
When children or alimony obligations are applicable, a divorce is never the end of dealings with each other. Two ex-partners approached us because their financial situations changed in the past years, so they wanted to recalculate the alimony obligations. What made this situation particularly challenging was the fact that one of the partners did not have a source of income, but was financially stable due to assets abroad. For the other, the living costs where significantly reduced with lowered mortgage costs.
Partner alimony as well as child support can be designed freely, however, norms exist that are generally accepted as being fair. Divorce experts often use these norms as the basis for their calculations. But with the income being anything but standard, it was a challenge to determine the financial basis for the calculation.
It was crucial that both parties had an open mind towards each other, to avoid lengthy processes with lawyers where in the end everybody loses (and would cost a lot). With four sessions, the couple was able to find an understanding that focussed on what they needed from each other. A financial monthly average was established, based on current expenses and from there they were able to come to an agreement – which also included future scenarios.
A couple with little financial means asked us to accommodate their divorce. Though they married abroad, they build up a life in The Netherlands and resided here together for more than ten years. Separating them was pressing, as the home situation was far from ideal: with no financial means, the couple couldn’t live separately, as they could not afford this. The divorce needed to be initiated in order to apply for emergency shelter.
RED Mediation has the possibility to provide assistance to the financial less fortunate as we are affiliated with the Board for Legal Aid (Raad voor Rechtsbijstand). The Dutch government considers a well-executed divorce a human right and provides special funds to ensure that qualitative divorce services are available for everyone. As such, the couple only had to pay a small contribution in order for them to be helped with settling their divorce.
Quite a few mediation sessions were needed as they required more help than we could offer. With our vast network of specialists in every field that is connected to a divorce plan, we can help everyone find the perfect solution. In the end, we were able to help them get divorced. After this, they could apply to the relevant bodies to get proper financial and emotional help.
The fine art of ending your relationship with just as much love as it began.
While we do have a standard road map for a divorce, that map isn’t set in stone. There are so many variables, every fading relationship deserves a worthy ending. Unique and tailor-made. This is why the first hour of our intake only costs €60 euros including VAT.
Don’t feel a click? Then perhaps it’s best not to move forward. If you do decide to move forward naturally the charge will be deducted from the next invoice. So you can start with the positive feeling that the outcome will be the best possible. Not for one, but for the both of you.
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