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Divorce Day

15 September 2010 marks Divorce Day. The family-law lawyers of GMW Advocaten will be joining in. We will draw attention to the importance of a carefully prepared and executed divorce. That it is crucial for people seeking divorce to find a specialised and expert divorce lawyer. How often have I not had clients in my practice who suffered the consequences of having engaged the services of someone who promised them ‘a quick divorce’.

The divorces we deal with in my firm are usually quite complicated. Often, considerable interests are at stake, as regards alimony and the division and settlement of the assets, not to mention the children. I approach divorces in various ways. Sometimes I act for one of the parties, while the other party brings his or her own lawyer, and try to reach a settlement in consultation with the other lawyer. This is often a tactical game. In addition, I regularly act as mediator in divorce cases. Increasingly I remain in the background, from where I advise one party before or during a mediation procedure. From there I can direct that party and suggest the room for manoeuvre as regards alimony and the division or settlement of the assets. This gives the client a head start in the mediation procedure.

Prenuptial agreements containing a regular set-off clause often pose problems for entrepreneurs who wish to divorce. I will address these problems in a next weblog. The economic crisis has had many unexpected effects on divorces as well. Lower business profits result for instance in less alimony. Or because the value of the business has decreased a lower settlement may be due. The drop in value of real estate has raised all sorts of problems as well. In short: It is wise to get expert advice and assistance and contact a specialised divorce lawyer well in advance.


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Antoine de Werd