A proposal to enshrine in law that fathers* have automatic legal custody of a child once they are legally recognised as the father, was recently passed by the Dutch lower house. This legislation, fully recognising parental custody of unmarried parents, now awaits approval in the upper house. *This bill isRead more
During a divorce, you may be tempted to keep quiet about certain property to keep it out of the divorce settlement. This is particularly so if the other spouse has no knowledge of the property. However, Dutch law has a harsh penalty for the concealment of property during divorce.
The Dutch government has announced that all maintenance/ alimony obligations will be indexed by 3.0 % as per the 1st of January 2021. Maintenance indexation for 2021 and previous years is linked to inflation.
In the Netherlands, child and spousal maintenance are set based on the long-term earning capacity of the person owing maintenance. But what happens to maintenance payments if your earning capacity is impaired due to the Covid-19 crisis? The global economic effects of Covid-19 are likely to continue for the foreseeableRead more
If you are an expatriate working in The Netherlands, your employer may have requested a 30 % tax ruling for you from the Dutch Tax authority. This allows your employer to provide a maximum of 30 % of your salary tax free as an incentive to move to The Netherlands.Read more
Covid-19 provides particular problems for parents with an international background. Many parents either want or need their children to travel during the school holidays to visit the other parent or close family. Disputes between divorced parents regarding holidays due to Covid-19 are on the rise. In the past few monthsRead more
The Covid-19 pandemic has changed many things in the past few months. With social distancing and lockdown still in place all over the world, divorced parents can also face new challenges with visitation. What if your ex-partner is refusing visitation because of the risks Covid-19 may pose, but your childRead more
With the withdrawal bill on the 31st of January everything changed for British citizens within the EU, or did it? This article describes the probable effects of Brexit on getting a divorce in The Netherlands after full UK withdrawal from the EU. First of all, Brexit is still in transitionRead more
Don’t forget to index your maintenance payments for 2020. You are legally obliged to index both child and spousal maintenance each year with an index linked percentage set by the Dutch Government. For 2020, the maintenance indexation percentage has been set at 2.5 %. Previous percentages The percentages for theRead more
In the Netherlands, maintenance paid by one ex-spouse to the other is tax deductible. Any tax deduction also forms an integral part of maintenance calculations. However, from 2020 onwards the tax deduction for spousal maintenance will be incrementally reduced. This may impact negatively on an ex- spouses ability to payRead more