Mediation Covenant for Divorces in Leiden

What is a mediation covenant in Leiden?

A mediation covenant is a written agreement that emerges from mediation and records arrangements on matters such as asset division, spousal and child support, and child care. For Leiden residents, it provides an amicable route in divorces or family disputes, often serving as the foundation for proceedings at the District Court of Leiden. Family law in Leiden keeps this process accessible and efficient.

Definition and operation of the mediation covenant

Under Dutch family law, mediation is key to resolving disputes out of court. The mediation covenant is the result: a binding settlement agreement drafted by the parties themselves under the guidance of a neutral mediator. In Leiden, many couples opt for this due to the cost savings, confidentiality, and improved prospects for future cooperation.

Typically, the covenant covers financial arrangements, day-to-day practices, and emotional matters. For example, a couple from Leiden's Stevenshof neighborhood might agree that one partner keeps the home while the other pays €450 monthly in child support.

Legal basis in the Netherlands

The foundation lies in the Civil Code (BW) and Code of Civil Procedure (Rv). Key provisions:

• BW art. 7:900-907: Makes the settlement agreement binding upon signature, unless error or fraud.
• Rv art. 811: Mediator provides a mediation statement for successful processes.
• BW Book 1, art. 1:160: In divorce proceedings, the District Court of Leiden ratifies the covenant for full enforceability.

For children, the Youth Care Act and art. 1:251 BW (parenting plan) apply, with the child's best interests at the forefront.

Step-by-step guide to a mediation covenant in Leiden

The process follows these phases:

1. Intake meeting: Select an MfN mediator in Leiden and sign the mediation agreement.
2. Sessions: Analyze interests and brainstorm solutions in 4-8 meetings.
3. Draft covenant: Mediator prepares a version; parties review with their own advisors.
4. Signature: Confirm with a notarial deed if required.
5. Ratification: Apply for homologation at the District Court of Leiden for enforceability.

In Leiden, this typically takes 3-5 months, with hourly rates of €120-€180, split between ex-partners.

What does a mediation covenant contain?

Standard elements:

• Identification and relationship timeline.
• Asset arrangements: household goods, inheritances, pension rights.
• Support arrangements per Trema guidelines.
• Parenting plan: co-parenting schedule, holidays.
• Provisions on confidentiality and modifications.

Leiden example: Father from Leiden-Noord gets primary residence for the children, mother pays €700 in support. City-center home is sold, with proceeds split 55/45. Non-compliance leads to collection via the court.

Rights and obligations

Rights:

• Join or withdraw before signing.
• Consult a lawyer – Het Juridisch Loket Leiden offers free initial advice.
• Make it enforceable at the District Court of Leiden.

Obligations:

• Comply with agreements; penalties for non-compliance.
• Act in good faith (art. 6:248 BW).
• Prioritize child welfare.

Comparison: mediation covenant vs. divorce covenant

More info: mediation in Leiden. See also divorce in Leiden and parental authority.

Frequently asked questions about mediation covenants in Leiden

Tips for Leiden residents

• Find an MfN mediator via mediationfederatie.nl or local networks.
• Start at Het Juridisch Loket Leiden for advice (Stationsplein 13).
• Involve the Municipality of Leiden for child support via JGZ.
• Plan early: avoid stress around Leiden university holidays.