Settlement and division after divorce

Settlement and division after a divorce depending on the type of divorce

When a marriage ends family property law applies. A marriage may end when one of the spouses passes away, but also after a divorce. Divorce law distinguishes between two types of divorce that impose a different type of settlement and division. 

• Divorce by mutual consent. When two spouses agree to divorce and handle their assets themselves, it is a divorce by mutual consent. Once there is full agreement between the parties they must appear in court.
• Divorce due to irreconcilable differences. If the marriage cannot continue due to differences, both spouses may request a divorce. This may also be done by only one of the spouses.

The settlement is done in preparation for the division following a divorce. The goal of the settlement is to determine the share of each party in the common property. This means it must first be determined what can and must be divided. Then comes the actual division. Once both parties agree, the division is straightforward and the court doesn’t need to intervene. However, it may also happen that the parties cannot reach an agreement. Lossy Advocaten can help you in such situations. Lossy Advocaten assists you with settlement and division following a divorce.