FAMILY LAW

INHERITANCE LAW

Statutory inheritance law means that the law regulates who are the heirs of the deceased. This is done in cases where the deceased had not made a will. Anyone aged 18 or older can deviate from the legal rules by making a will. In principle, you are free to make arrangements regarding your estate with one exception, namely in case you have children. In that case, some of the provisions in a will are set aside as the children are entitled to their legitimate portion.

Inheritances are often sources of misunderstanding and disagreement. It is therefore important that all relevant documents are always available and it is recommended that everyone makes a will which removes any uncertainty about the destination of his/her assets.

What can Schurman Advocaten do for you?

You have come to the right place if you are looking for advice on what to do with your possessions after your death. Schurman Advocaten will discuss with you the possibilities and pitfalls of estate matters in general and will give you tailor-made advice on the steps to take. Schurman Advocaten will take you to a reliable notary if you still wish to draw up a will.

DIVORCE

Termination of a marriage takes place by divorce, i.e. a legal procedure with a court ruling. The proceedings can be initiated at the request of either or both of the marriage partners.

A request for divorce will only be granted if there is a lasting disruption of the marriage. The law does not further define the concept of sustainable dislocation. The judge will determine whether this is the case. Some situations that fall under this term are: adultery, malicious abandonment and serious injury or assault.

What can Schurman Advocaten do for you?

Your attorney will initiate the proceedings after an introductory meeting with you. At this meeting you will need your marriage certificate and birth certificates of yourself, your partner and your children.

ALIMENTATION

Alimony is a contribution to living expenses. Entitlement to alimony will usually come up during divorce proceedings. However, it is also possible to initiate separate proceedings requesting alimony. When calculating alimony, the ability of the obligated party to pay alimony (how much can this person contribute to the costs) and the need of the applicant (how great is the need for maintenance) are considered. Children and/or (ex-)partners may be entitled to alimony.

What can Schurman Advocaten do for you?

Your lawyer will check with you to what extent you are entitled to alimony. If so, a procedure will be started to ensure that alimony is actually paid. The lawyer will involve you in every step and will always discuss the how and why. But you think along and decide, it is all about your interests.