Legal Expat Desk
Legal Expat Desk
The Hague hosts The Netherlands' biggest international community, being a home to many UN and international organisations, embassies, companies and tens of thousands of expat employees and their families.
GMW Advocaten, an independent law practice in The Hague currently employing 27 lawyers, responds to globalisation by taking a keen interest in the developments within the international community.
Our lawyers are not only specialists within their field, but are also well acquainted with the specific mindset that comes with the biggest international community in The Netherlands.
We have gained a solid reputation within the local expat community, as we are big enough to cover all aspects of the legal spectrum whilst being still small enough to maintain focus, efficiency and direct personal contact with our clients. GMW Advocaten advise, litigate and mediate in a proactive manner, guiding clients through the legal maze with confidence and expertise.
Working together in teams, our attorneys can quickly gather information and legal opinions for cases that require more than just one field of expertise. Some of the attorneys have lived and studied abroad, being fully aware of the ins and outs of the expat lifestyle from their own personal experiences.
Drawing on this, GMW Advocaten have established a Legal Expat Desk, assisting expatriates in all realms of their lives in The Netherlands.
All the relevant legal sections, of which a short introduction is given below, are represented in this practice group. To optimise services, we closely work together with specialized accountants, civil-law notaries and tax consultants.
For further information about our sections, please go to the homepage of our website.
Our ties with the expat community have further deepened when Godelijn Boonman, one of our partners and employment law specialist, joined the Women’s Business Initiative International (WBII) Advisory Board. This invitation honours her involvement and interest in promoting and facilitating job opportunities for Dutch and expat (women) entrepreneurs.
GMW Advocaten also publish monthly legal articles on TheHagueOnline and ACCESS, both expat organisations for the international community in and around the Hague and the Randstad. We provide articles online as well as in print on topics of specific interest to expats. We have also contributed to the Holland Handbook 2006/2007 and 2008/2009 and 2010/2011 and regulary publish features in the Xpat Journal, both published by Xpat Media.
Furthermore, we have strong ties with the Guest Card and provide legal services to their members at a discount.
Some of our (international) lawyers provide legal information on a variety of subjects through seminars (Shell/Outpost, At Home in Holland in collaboration with Leiden University/The Hague Campus and WBII-seminars to name just a few).
Family law
Family law often deals with emotionally charged issues. Divorce, for example, involves complex aspects like custody, child support, spousal maintenance and the division of property and assets. Our lawyers are highly specialised in international family law, offering tailor made advice for your unique situation. They can also assist you in sorting out the different implications inheritance law might have in your very special case.
Many of our attorneys are trained mediators, and we have gained a reputation for finding quick and efficient ways to solve difficult situations out of court. GMW Advocaten also offer collaborative divorce, where both parties are represented by their own attorney and beforehand agree not to go to court.
Whether it is through legal proceedings or mediation, GMW Advocaten will help you to reach the next stage in your life. For questions, feel free to contact Marjet van Yperen or look on our website.
Inheritance law
Losing a loved one is a terrible blow, at all times and having to rush around in search of documents, statements and legal advice in order to settle and secure the inheritance only contributes to the aggravation. When living far away from the rest of your core family and support network, clear and reliable advice in matters of inheritance law is vital, so that at some point life can go on.
GMW Advocaten has a section dedicated to the ins and outs of Dutch inheritance law, also taking into consideration international treaties applicable to the subject. This means, among others, clarifying aspects such as:
• Does your (foreign) will comply with Dutch Law?
• Which law is applicable?
• Who belongs to the first, second, third etc. group of heirs?
• What is the tax burden on the inheritance?
• How to avoid double taxation?
• How to secure parts of the inheritance that is abroad?
• Which law kicks in when there is no will?
• How to make a will that is relevant and acceptable under the law of the host country?
• How to best divide assets?
It is impossible to give an easy answer to all possible scenarios, since each and every situation is unique.
At GMW Advocaten, Marieke Morshuis and Carla van Waes are leading the inheritance law section. Please contact them to take the subject further.
Employment Law
In case of a dispute, employment contracts for expats can involve highly complicated procedural law issues. Before going any further, one must find out which court is competent and what law is applicable to the employment contract. We will help you find out which law is applicable to your case and will help you wherever Dutch Law applies. Please note that Dutch Law is often applicable to employment contracts of expats’ partners working in The Netherlands.
As contract stipulations could be contrary to mandatory legal provisions, GMW Advocaten can review your draft contract for pitfalls and mistakes. Should problems occur in the course of your employment, we can inform you of your rights and of the employer’s obligations. In case of a dismissal, you can rely upon the ability of our specialized lawyers.
Since more and more expat contracts are governed by the law of the host country, i.c. Holland lately, it is very advisable indeed to consult us before taking any major decision with regard to changing employers or signing new contracts. As the number of international dismissals rise because of the crisis, some sound advise is of the utmost importance.
More detailed information is to be found on our website. For questions, feel free to contact Godelijn Boonman.
Real Estate Law
Settling in somewhere new starts with finding the right home.
Whether you are renting or buying, it is important to be assisted by an expert lawyer from GMW Advocaten in the process, as Dutch rules and regulations concerning real estate are quite obscure.
Furthermore, tenancy agreements frequently contain conditions that are predominantly protecting the owners’ interests. Therefore, better be safe than sorry and have your tenancy contract checked by GMW Advocaten.
If you consider buying a property, please be aware that real estate agents or brokers are not licensed to practice law. You will need to consult a lawyer in order to ensure that the transaction complies with Dutch law and that your interests are well protected.
For more detailed information, go to our website. For questions please contact Arthur de Groot.
Corporate Law
An increasing number of expat spouses and partners create new business ventures or expand small businesses following their move to The Netherlands. The unfamiliar Dutch rules and regulations often create problems that can greatly dampen the entrepreneurial enthusiasm.
What kinds of permits or qualifications are required to register the business? What legal form should be chosen? In what type of facility will the business be housed? What rules apply to the organisation of the business’ administration? And what about intellectual property matters? Click here for the articles "Make it or break it – some do’s and don’t when setting up a business in The Netherlands" and "How hard is it to set up a business in The Netherlands?".
GMW Advocaten has extensive experience in rendering legal services, both consulting and litigation, to business clients. Feel free to contact us with any legal questions. We also offer a quick scan of the legal problem areas at a fixed rate. And, if worst comes to worst, you can rely upon our bankruptcy specialists.
More detailed information is to be found on our website. For questions please contact René Willemsen.
Administrative Law
Moving to The Netherlands implies manifold encounters battling bureaucracy when dealing with Municipal and Provincial Administrations. Not knowing how to deal with these bodies can unnecessary lengthen your procedures, also causing a good deal of frustration.
Our administrative lawyers are experienced in handling these matters, having a thorough knowledge of general administrative law, the administrative decision-making processes and legal protection. We can assist you in matters concerning spatial planning, site development, subsidies, environmental issues and administrative enforcement. Prevent frustration and let GMW Advocaten take over.
For more detailed information go to our website. For questions you can contact Arthur de Groot.
