Legal Advice in Divorce

Questioner

I have the following question. My brother is getting divorced. They are married in community of property. 2 young children and she has 3 children from another man. The house they live in is in my brother's name. He invested his own money in it but did not register it. Would like to know what the most important and good steps are to take now. He doesn't have legal expenses insurance. Is it wise to take this out? He is going to start a new job after the holidays. He has been given a one-year contract. I would like to conclude everything as quickly and as well as possible. It is expected that his wife will not cooperate much.

Lawyer

It is wise for your brother to hire a lawyer who can assist him in this. This with regard to the division, determining a division of the care and upbringing tasks with regard to the children, the child and possibly the spousal support and the marital property assets and the settlement thereof. Your brother will most likely not be able to take out legal expenses insurance for this. This is now because insurers often apply a certain start-up period during which no claims may be made. If desired, your brother can contact me. I work nationwide.

Questioner

Dear Lieke, Thank you for your quick response. Can you tell us something about the costs involved? What are the experiences with a mediator in this area? With whom is an introductory meeting possible, in which the points mentioned can be discussed and the rights and obligations are clarified. Kind regards,

Lawyer

If your brother had a total income in the reference year (which is always 2 years ago, so in this case in 2014) that was not higher than 26,000 euros and there was no question of assets that were higher than 21,139 euros or that would be higher than 24,437 euros in this year in the event of a performance assessment (for example in the event of division of a surplus value on the home and any savings), then he may be eligible for subsidized legal aid. In that case, he pays a fixed amount as a personal contribution to the lawyer, plus some additional costs such as court fees and the costs of any necessary extracts. If his income or assets exceed the legally established limits, he will have to pay the hourly rate of a lawyer. The amount of this varies per lawyer. A mediator could try to reach a divorce agreement and a parenting plan together with the parties. The costs of mediation also differ per mediator. Here too, subsidized legal aid could possibly be requested. Please note that a mediator cannot litigate. This is unless the mediator is also a lawyer. Your brother can contact a lawyer or mediator of his choice and have an initial meeting to discuss the points mentioned.