Below you can find our answers to frequently asked questions. We appreciate that every case is different and that the specific circumstances of your situation will play a large role in determining the correct legal advice given. Do not hesitate to ring us on 020 – 6731311, we will be glad to give you personal support.

Personal and Family law

Paternity for a child is possible in several ways:•Acknowledgement of paternity during the pregnancy: You can acknowledge paternity in every municipality in the Netherlands. You will need authorisation from

the child’s mother for this. This authorisation can occur during the actual registration of the birth or in writing via a declaration form.

•Acknowledgement during the registration of the birth: you can acknowledge

paternity during the birth registration by the mother in the municipality where the child is born. If the mother cannot be present at the registration, she must give a written authorisation for the father to be acknowledged as such.

•To claim paternity in a manner not covered above: you can acknowledge the child at any time. If the child is older then twelve, they themselves must give an authorisation in writing. If the child hasn’t reached the age of sixteen years, the mother also has to give her consent in writing.

When do I have to pay child maintenance and how will this be determined?

Parents are responsible for the care and upbringing of their children. If parents separate they must make an agreement for the financial maintenance of their children. Since 1 March 2009 parents who are separating are obliged to write a parenting agreement plan in which ( among other issues) the child alimony must be regulated. It is the intention that parents remain jointly responsible for the children after the separation. This parenthood plan must help to reduce any problems around the separation and provide help for conflict resolution. The parenthood plan is submitted along with the divorce petition to the court. The judge always checks the alimony agreements and reviews if these agreements are in the best interest of the child. For the calculation of child alimony the judge will look at the means of the parent who is obliged to pay the alimony and at the needs of the child. The alimony is determined annually and modified by the government in line with inflation. If unmarried parents decide to separate then no mediation by the judge is required. The child alimony can be then incorporated in an agreement.

Unconditional acceptance means that the heir accepts all property and debts.

This can be accepted in the following manners:

  • By means of a declaration.
  • By the actions of the heir.
  • When the judge has set a deadline within which a choice must be made and the heir hasn’t made a choice (referred to as: to sit and wait).

    Beneficiary acceptance

    In the case of beneficiary acceptance the heir takes over all property and debts. The heir however is only obliged to pay the debts if they do not exceed the value of the inheritance. The heir is therefore not held responsible for the debts of the testator. Beneficiary accepting happens by means of a declaration. This declaration must be made by the heir at the local court where the testator last resided.

    Rejecting an inheritance
    When rejecting an inheritance the heir distances himself from the property of the testator. The heir can not claim claim the property after this decision and is not responsible for the debts of the testator.

The level of alimony paid to a partner is calculated by the needs of the beneficiary and by the means of the maintenance payer. For the partner who pays the alimony, to modify or amend the amount being paid, there must be a change in the financial circumstances of the alimony beneficiary or in their own circumstances such as unemployment, incapacity to work, a new spouse or a salary increase. If you and your ex-partner are unable to come to an agreement concerning changes to the alimony payment, a petition process must be started. You will need a lawyer to do this. A judge will then rule if there is indeed an unavoidable and blameless change in either parties financial circumstances.

What is a non-compete clause, what are the consequences of a non-compete clause and what can you do to negate it?
A non-compete clause can be included in an employment contract. This is a clause in your contract which describes certain rules the employee must follow should they start working for another employer. The clause limits the employees employment choices when their current employment contract ends by preventing or curtailing them from working for competing companies directly or as self-employed.

It may be very important to an employer that his employee doesn’t work for a competitor. A non-compete clause can be agreed at the beginning of the work relationship, but it can also be incorporated later in the contract. These clauses may stipulate what type of activities can be carried out, what kind of employer you can work for, where you can work and for how long the non-compete clause is valid.

This contract clause sets the rights and obligations for the employee. The obligations differ by case and need to be carefully analysed. If you do not accept a non-compete clause when negotiating your contract it will not affect you. If you have signed a non-compete clause you may negotiate with your employer about this. It is also possible to ask a judge to annul or moderate this clause.

When the validity of a non-compete clause is presented to a judge, he will weigh the interests of both parties.
The judge will take into consideration the terms and expectations of both the employer and the employee when they signed the contract.

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