Law of persons and family law
You do not want to go on together any longer. A far-reaching decision that has major consequences. In addition to heartache and perhaps anger, you will need to face dozens of questions. How about any maintenance, childcare, the house you share and the division of pension entitlements? Enough to make you lose courage, just when you need to be strong, especially if children are involved.
Team Joyce, Moniek and Marcella, Law of persons and family law
At MARK Advocaten Joyce Heuts, Moniek Hofland and Marcella de Maaré are ready to support you. They will help you find the right – legal – solutions. These specialized lawyers will cooperate as a well-oiled machine whenever necessary, and do not wish anything else than creating opportunity for a new life and new perspective. Visit the website www.sportiefscheiden.nl where Joyce, Moniek and Marcella publish a monthly blog and other, interesting facts.
Combining strengths in a mediation process
It would be best if you could all sit down to talk about the process of the divorce. The lawyers will inform you about the legal possibilities, with the focus on the personal level. That means that they welcome other, non-legal solutions. Perhaps you prefer to waive partner alimony, so that the other can take over the house that you jointly own at a price below its value, so that the other is able to arrange financing. And it has its advantages to have all arrangements in one place: you do not just settle all those matters that must be recorded in a parenting plan and covenant, but our specialists will also submit the application for divorce.
What if mediation is not an option?
Mediation is a great instrument, but is unfortunately not always an option. Our lawyers will of course also support you if mediation by a different mediator has not been successful or for instance if the relationship between you and your future ex-partner is strained. When representing you and your interests they will also contact the other party and his or her lawyer, if any, in order to find solutions concerning the children and financial consequences.
No rosy pictures but a realistic view
Empathy, support, providing guidance: those are all part of the matter. But a lawyer’s main task is carefully looking after your legal interests. Making a new start is only possible after proper arrangements have been made between you and your future ex-partner. In Moniek, Marcella or Joyce you will not find a lawyer who shares in your misery or puts up a fight if that is not necessary. What you can expect is a healthy dose of pragmatism, realism and effective action.
A divorce that also involves children is extra difficult. That is why Moniek, Marcella and Joyce will always put the children first. If it is advisable, they will conduct special conversations with the children, and the parents will receive feedback on those conversations. If more specialist care is needed, our lawyers know various (children’s) coaches and psychologists who are ready to follow and respond to their ideas and thoughts. Do you wish to inform your children about and prepare them for the divorce in an easily understandable way, you can consider the following books: stoere-stappen.nl. Or check www.villapinedo.nl and watch part of a video there.
A pinch of humor
Humor and a divorce feel like water and fire. But even so, Joyce, Moniek and Marcella will use their sense of humor when that is possible. A careful first smile between all the tears may open the way to regained pleasure in life.
Other matters concerning law of persons and family law and special cooperations.
Although matters related to law of persons and family law often involve divorce and mediation, these laws cover more than just those subjects.
Moniek, Marcella and Joyce are also pleased to assist you for: settlement of (or advice on) prenuptial/partnership terms, division of joint property, termination of cohabitation, maintenance (both partner maintenance as child support), parenting plan, parental authority, care and contact arrangements (access arrangements), division of pension entitlements, change of name, custody and out-of-home placement, adoption or a second opinion. If necessary for the case the lawyers can call in professional assistance by one of the partners in their cooperation network: tax experts, accountants and pension experts.
Divorce: a step-by-step plan
- Divorce yes or no: is relationship counselling still an option?
- Orientation: mediator or own (consultation) lawyer?
- Intake interview (together or individually).
- Survey of (financial) situation and wishes.
- Mediation talks or consultation with the partner/other lawyer.
- Working out a covenant and parenting plan.
- When all arrangements have been determined the formal divorce is pronounced, always by a judge on the basis of a petition submitted by the mediator/lawyer.
- The court ruling must be entered in the civil registry; the lawyer/mediator will see to this.
Joyce, Moniek and Marcella are convinced that comprehensive and clear arrangements will enable both parties to pick up their own lives again in a pleasant way. Also, good arrangements will make certain that, if children are involved, both parties will remain connected to one another as parents, which enables them to continue their parenting role in the interest of the children.
- Since a divorce is an emotional and intense process, Moniek, Joyce and Marcella like to end the process symbolically in a personal way.
- Hopefully, people do no longer need the assistance of the lawyer after a satisfactory divorce, but Joyce, Moniek and Marcella like to remain personally involved on the background. During the months following the divorce they will reach out to hear how you and the children are doing, and if arrangements are working out according to the covenant. If there are any questions remaining, even after a year or more, Moniek, Joyce and Marcella will be prepared to help.
- In a mediation process, about six months after the final divorce, our lawyers always offer an evaluation interview, free of charge. To learn about the experience and to discuss any points of improvement and provide advice.