Family law: we are your trusted advisor on all matters

Certain family law matters we can help you with are the following:

Cohabitation contract

Partners who do not want to get married to each other (yet) can make arrangements on the assets and payments during their cohabitation and after their cohabitation ends either by reason of a separation or death. Such arrangements are included in a cohabitation agreement that is drawn up by a notary. Please note that a cohabitation contract cannot serve as a will. For that purpose, a separate will is always necessary. Furthermore a cohabitation contract can not lead to a community of goods.

Prenuptial agreements and partnership agreements

The consequences of a marriage and a registered partnership ownership-wise are regulated by law. You may, however, deviate from the statutory system by means of a prenuptial agreement or a partnership agreement. A notarial deed has to be made for this purpose.

Division after divorce/cohabitation

A divorce often not merely results in emotional, but also to legal questions.
Such questions could be the following:

• Can I remain to live in my home?
• What do we arrange for our children?
• Do we have to equalize our pensions?

If you seek assurance in the event of a divorce, we can aid you with any inquiries to facilitate the process. For instance, the (marital) residence can be designated and conveyed to either partner after a divorce. Typically, all monetary obligations of the mortgage will fall under the responsibility of this individual. Additional dispositions arising from the divorce settlement can also be enforced. Ultimately, it may be prudent to revise your will in response to the alteration in your personal circumstances.

Living wills

A living will, despite sharing a name with a last will and testament, is not the same legal document used to allocate assets after death. Rather, a living will enables individuals to articulate their preferences for medical care at the end of their lives, should they become incapacitated and unable to communicate their desires.
Additionally, a power of attorney can be bestowed upon a trusted individual in the living will, enabling them to safeguard the individual’s financial concerns. How to maken a will? We can facilitate the preparation of a notarial living will, which will be recorded in the Central Living Wills Registry.

A living will can provide invaluable guidance to both medical professionals and family members in the event that an individual cannot vocalize his or her preferences. Absent such documentation, loved ones and doctors must speculate about the appropriate course of treatment for a critically ill person, leading to distressing disputes that may ultimately require legal intervention.

Wills

In the absence of a will, the distribution of your estate is determined by intestate law. However, by drafting a will, you retain the power to designate your heirs yourself. Moreover, a will may carry potential tax benefits.

Within your will, you can also assign an executor who will administer your estate and appoint a guardian and/or administrator for your (minor) children.

If you have already composed a will, it is prudent to subject it to periodic review. Changes in your personal circumstances (such as family composition or assets) and law amendments may impact the desired provisions of your will.

Estate planning

Our firm provides counsel to clients regarding asset and estate planning. Such guidance may necessitate revisions to prenuptial agreements or wills, as well as notarized donations during your lifetime. Additionally, we offer support to entrepreneurs in the process of transitioning their businesses to the next generation.

We possess proficiency in concluding estate matters through the provision of aid in required payments, claims for reimbursement, cancellation of leases and subscriptions, liquidation of properties, and submission of inheritance tax returns. Furthermore, we can assist in the division of movable assets and finances.

Certificate of succession

A notarial statement called a certificate of succession identifies the rightful heir(s) of a deceased individual and grants legal authorization to represent them in administering the deceased’s assets.

Financial institutions, including banks, typically require this certificate before releasing any funds. We offer the service of preparing a certificate of succession on your behalf.

As an internationally oriented notary family law firm, Westport Notarissen possesses over years of experience in providing expat clients with advice on family law. We would be happy to lend you a hand in all Dutch and international family law matters.

Please do not hesitate to contact us for more information on any of the topics mentioned above and to schedule an exploratory appointment. During this appointment, we can precisely determine what is needed in your case.

> Do you need a last will and testament for child custody? Do not hesitate to contact us.