30 July 2026
How is maintenance for young adults determined in divorce proceedings?
How exactly are maintenance contributions for young adults determined in divorce proceedings? The Dutch Supreme Court provided clarification on this issue.
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When parents separate, it may happen that one of them wants to move abroad with the children. This is not allowed without the consent of the other parent.
Should they do so regardless, it constitutes child abduction and the Hague Convention on Child Abduction becomes relevant.
A request for return may only be rejected if the residing parent has consented to not returning the child, if there is a serious risk that in returning the child would be exposed to physical or psychological harm or if a child has such an age and degree of maturity that his or her opinion should be taken into account resists the return. Such a ground is not easily accepted. Only in very clear cases of consent, danger or opposition will the return be denied.
Along with many other countries, The Netherlands is a member of the Hague Convention on Child Abduction. The basic principle of this convention is “First return, then talk”. That means that the main rule is that a child abduction should be reversed. First, the child must return to the country where it lived before the abduction. Then in that country it must be decided whether a move is in the best interests of the child.
In abduction cases the motives of both the residing and the abducting parent are taken into account, but the fundamental discussion about the interests of the child which both parents sometimes tend to see differently, is to be conducted in the country of origin.
The International Child Abduction Centre (Centrum IKO), an independent organisation funded by the government, can play an important role in child abduction cases. GMW advocaten works closely with the IKO in child abduction cases. The IKO advises parents in abduction cases in the broadest sense of the word. Often there are many practical difficulties in child abductions and cooperation with the IKO is necessary.
GMW lawyers also works with foreign lawyers. It is important to know how a country deals with child abductions. Will the police assist? Is it wise to report the abduction or best not to? How is the abduction procedure regulated by the authorities in that country? Local knowledge is necessary, especially when it comes to executing orders.
Time is of the essence. Contact a lawyer as quickly as possible.
GMW lawyers will be happy to help you with all your family law and divorce issues. Please feel free to contact us if you have any legal questions.
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30 July 2026
How is maintenance for young adults determined in divorce proceedings?
How exactly are maintenance contributions for young adults determined in divorce proceedings? The Dutch Supreme Court provided clarification on this issue.
Read more
6 July 2026
Deferring a claim for division of the home
Upon divorce or separation, the home may be allocated to either party. This is particularly the case where the property is jointly owned and the home is not sold.
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6 July 2026
How to get a prenuptial agreement in the Netherlands
Just like drawing up a will, in many countries it is normal to contact a lawyer (or solicitor) to draw up a prenuptial agreement.
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18 June 2026
The business in the event of divorce with a prenuptial agreement including a periodic set-off clause that has not been implemented
What about the set-off of the business’s value? In this article, we’ll explain various situations.
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10 June 2026
How should unequal contributions to a jointly owned pre-marital home be handled in the event of divorce?
On 21 March 2025, the Dutch Supreme Court clarified how unequal financial contributions to a home purchased jointly before marriage should be treated. Before the marriage, one partner may have a claim against the other because they contributed more to the purchase price. But what happens when the couple later marries under the regime of the limited community of property?
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7 May 2026
Waiving spousal maintenance by email: is that possible?
Can someone waive spousal maintenance through a simple email? This exact question arose in proceedings before the Rotterdam District Court. The case demonstrates that changes to maintenance arrangements must be handled with care.
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11 March 2026
How can you prevent an inheritance from ending up with your child’s partner?
When drawing up a will, consideration is given to how the inheritance will be distributed. This is recorded in the will. A possible wish is to ensure that your future inheritance does not end up with your child’s partner.
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5 March 2026
Marriage declared invalid due to use of ChatGPT during the ceremony
On 5 January 2026, the Court of Overijssel declared a marriage null and void because the speech delivered during the marriage ceremony did not comply with the requirements of the Dutch Civil Code (ECLI:NL:RBOVE:2026:23). Notably, the speech had been prepared with the assistance of ChatGPT.
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16 February 2026
Check your prenuptial agreement
Before or during marriage, spouses often enter into a prenuptial agreement. In this article, we focus specifically on prenuptial agreements that were concluded many years ago.
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