In these times of big changes and so many practical things to take care of, we would like to assist and advice you with regard to the many legal aspects that need your attention.
There are different ways in which you and your ex-partner can settle the divorce.
1. Divorce mediation
Together you agree on the lawyer who will help you through the mediation process. If there is an agreement, a covenant will be set up and signed. The court will be asked to give a decision on the divorce, based on that covenant. A hearing in court is not necessary.
2. Lawyers to reach an agreement
The lawyers will share all information needed, negotiate and make suggestions for an agreement. Sometimes it’s more efficient to have a meeting with both parties and their lawyers. If there is an agreement on all issues, a covenant will be signed. In that case a hearing in court will not be necessary.
If there are a few subjects unresolved, the court will be asked to decide on those matters. There will be a hearing in court. Sometimes it is possible to reach an agreement during the hearing.
3. Procedure in court
If it appears impossible to reach an agreement, based on all facts available, one of the parties will file for a divorce and ask the court to decide on all subjects involved, such as division of property, alimony, the habitual residence of the children, access to the children and so on. The court will allow the other party to write a response and make his or her own request to the court. Then the court will ask both parties to come to the hearing in court.
In case of a procedure, it is still important to try to reach an agreement on as much subjects as possible and inform the court about them. When consulting each other during the process of negotiation, both parties can take into account all of the relevant circumstances and interests, both of the parties themselves as those of the children and others involved. When the court has to decide, the court can only base its decision on the facts that were presented and on general assumptions about what’s is in the best interest of those involved.