Publication divorce settlement from clients of N. Kreté in Dutch Mediation Magazine year 2015 – episode 2 June. Keywords: Divorce Articles of law: art. 1:157 BW, 1:158 BW, BW 1:159BW, 1:100, 1:392 BW and 1:155 BW
Parties: couple with two minors, each of the parties has their own company.
Essence: Parties want to divorce respectfully. In the future they want to equally participate in raising their children. Their aim is to be financially independent from each other.
Case: Parties have two minor children. They each have their own company in the form of a sole proprietorship. The man has a serious illness that currently does not prevent him from working but in the long run it likely will.
Interests: Financial independence and an equal dividing of the care for the children.
Result: Established a covenant, which does justice to mutual respect, equality as parents and financial independence but also the duty of care in relation to each other as ex-partners. Pros and cons of giving up the entitlement for partner maintenance have been discussed. Conclusion is a clause within the covenant stating that in case a forced decline of income occurs, there still remains the possibility to contribute to maintenance costs by the other party.
The Dutch article is available by clicking this link Publication Mediation