Attention divorcing Aussies!
30 May 2018
Suppose you are an Australian, now living in The Netherlands. While you were living in Australia, you got married. During your marriage, you received an inheritance following your parents’ death in Australia. You’re now getting divorced in The Netherlands. Do you have to share your inheritance with your ex?
Recognising Foreign Spousal Maintence Decisions
7 March 2018
What if a court in America or Switzerland or elsewhere has made a ruling on spousal maintenance and you want to invoke it to claim against their assets in the Netherlands? Recognition of foreign maintenance decisions There are currently few treaties in force that give recognition to foreign courts’ decisions on maintenance. No arrangements have […]
Will you have to foot the bill for your ex-partner’s legal costs when you divorce?
28 February 2018
Most Dutch marriages are still based on community of property. But who pays the lawyers’ costs in the event of a divorce? Does this come under the marital estate or do the spouses pay their own costs? Community of matrimonial property If community of property applies to your marriage, all your assets and debts as […]
When does Dutch law apply to divorce?
21 February 2018
Although Dutch divorce law stipulates rules about pensions, for internationals in the Netherlands going through a divorce, it may very well be that a different law is applied to the question of spousal maintenance from the law applied to the matrimonial property. In order to determine which law should be applied in respect of maintenance we […]
20 February 2018
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Divorce and pension for employees of EPO/ESTEC
14 February 2018
Do EPO/ESTEC employees have to share their pension with their ex-spouse if they divorce? Employees of EPO/ESTEC are not liable for taxes in the Netherlands. They pay an internal tax. This means that the usual (software) programs for calculating spousal/child maintenance – based on the Dutch tax system – cannot be applied directly. A customized […]
Moving without your partner’s consent
7 February 2018
If you share parental authority of your children with your ex-partner, moving into a new home with them is not straightforward and moving abroad without the consent of your ex-partner’s is viewed as child abduction Joint parental authority When both parents share custody, consent is required before moving. Custody relates to the rights and responsibilities […]
What to Know Before Renting Out Your House
25 January 2018
If you own a home in the Netherlands and plan to rent it out, there are certain things you should be aware of. Contract Length A rental contract can be for a fixed or indefinite term. If the tenant stays in the house (with approval of the landlord) after the end of the fixed term, […]
Feel At Home Fair
22 January 2018
The Legal Expat Desk will have a stand at the Feel At Home in The Hague Fair on Sunday 4 February 2018. One of our legal experts will be giving workshop on Dutch family law. If you’d like to attend, you can register for the workshop on their website.
Death in the Netherlands – how to deal with inheritance issues
The death of a relative is never an easy thing to deal with, but can be even more complicated and distressing when you live in a foreign country. What does Dutch law say about succession and inheritance? Say you are French, have an American partner and have lived in the Netherlands for the past three […]
Housing: Temporary vs Permanent Lease
11 January 2018
When GMW’s international clients first move to the Netherlands, they often rent an accommodation while getting to know the area. As with many legal matters, tenancy laws differ from country to country. In general, the Netherlands is a country with strong protection for tenants. Broadly put, there are two types of leases: temporary and permanent leases. […]
Feel At Home Fair
9 January 2018
The Legal Expat Desk will be at the Feel At Home Fair. 150 exhibitors, performers, presenters and fundraisers will provide the special mix of information, animation and entertainment which attracts up to 4000 visitors to the Feel at Home Fair. With a special theme of Sports, Leisure and Wellness, there will be demonstrations, try-outs and workshops, showcasing a wide […]
Lawyers and alcohol? Not always a good combination
8 January 2018
There are many rules governing alcohol in the Netherlands, from how old you must be to consume it to restrictions on how much you can consume before driving. There are also laws covering who can serve alcohol, where alcohol may be served and even when serving alcohol is permitted. But regulations don’t end there. Lawyers […]
Statutory Indexation of Child and Spousal Alimony
3 January 2018
Each year, the Minister of Justice determines the alimony index. For 2018, due to inflation, the percentage is 1.5%. This means that the allowance concluded in your divorce convenant or court order has an automatic increase of 1.5% as of January 1, 2018. This percentage is based on the labor price index, determined by Statistics […]
Employee rights: more clarity on fair compensation
22 December 2017
Since July 1 2015, under certain circumstances, employees have been entitled to fair compensation. A judgment by the Supreme Court in 2017 provided more clarity on how this compensation is calculated. This blog explains the situation in more detail. 1. What is fair compensation? Employees are entitled to transitional severance pay when their employer […]
Employment contract: non-competition clause
5 December 2017
What is the non-competition clause? The non-competition, or non-compete clause is a clause that can be included in an employment contract between employer and employee. This clause states that the employee is forbidden, both during his period of employment and thereafter, to be employed by or associated with a company that performs work or […]
Dutch labour law and your contract of employment
22 November 2017
Dutch labour laws regarding your contract of employment in the Netherlands are numerous; here are some expert tips on negotiating your employment contract.The laws covering employment in the Netherlands are many and various. Your personal contract of employment will determine your pay and specific conditions. Dutch employment law covers key areas such as trial periods, Netherlands vacation days, notice and […]
Redeployment after a termination
8 November 2017
In the Netherlands, employers must make an effort to reassign employees before they terminate them. But if you work for a large, multinational corporation, is your employer obligated to find a position for you anywhere in the world? Dismissal An employer must have reasonable grounds to dismiss an employee. Those grounds can including reprehensible behaviour, […]
What is your liability on company outings?
7 November 2017
One of our experts wrote about liability during company outings for the Feel At Home In The Hague magazine. Read the article here.
1 November 2017
Any employment contract in the Netherlands must stipulate a notice period for ending the contract. That is the amount of time an employee must give an employer before leaving a position. Employees can be penalizing for failing to adhere to the notice period requirements, so here’s what you need to know. Dutch law governs some […]