In a divorce in Leiden, the joint assets must be divided. The way this is done depends on the matrimonial property regime: community of property or marital agreements.
Community of Property
For marriages entered into before 1 January 2018 with a universal community of property, all assets, debts, inheritances and gifts fall into the community. Upon divorce, this is divided fifty-fifty.
For marriages after 1 January 2018, a limited community of property applies. Only assets acquired during the marriage fall into the community. Personal assets from before the marriage and received inheritances or gifts remain outside the division.
Marital Agreements
If marital agreements have been drawn up, the division is determined by the arrangements made:
| Type of Agreement | Arrangement upon Divorce |
|---|---|
| Cold Exclusion | Both partners retain their own assets |
| Periodic Settlement Clause | Saved income is divided annually |
| Financial Settlement Clause | Assets are divided upon divorce |
Which Assets are Divided?
- Property and associated mortgage
- Savings and investments
- Vehicles and other valuable possessions
- Household goods
- Business interests or shares
- Debts and outstanding loans
- Pension provisions
Important Reference Date
The reference date is crucial for the division of assets and their valuation:
| Element | Reference Date |
|---|---|
| Scope of the community | Date of filing the divorce petition |
| Valuation of assets | Date of actual division |
Valuation
The value of assets must be determined. This can be done via:
- Joint consultation (e.g. comparing market prices)
- Engaging a professional appraiser
- In case of disputes: binding advice or a court ruling
What if my ex-partner conceals assets?
If you suspect that your partner is hiding assets, you can initiate an investigation. A lawyer in Leiden can request data from financial institutions or the Tax Authorities. Concealing assets may result in a higher allocation to the disadvantaged party.What happens to the property in a divorce?
Often, one partner takes over the property by buying out the other, with the equity being split. The mortgage must then be transferred, which requires bank approval. If takeover is not feasible, the property is sold.Am I responsible for my ex's debts?
In a community of property, both partners are liable for shared debts. Upon division, a debt may be assigned to one party, but vis-à-vis creditors, you remain jointly responsible until the debt is settled or the liability is discharged.Frequently Asked Questions about Division in Divorce in Leiden
How are assets divided in a divorce?
Normally, assets are divided equally, unless marital agreements provide otherwise. Partners can jointly deviate from this standard.
Which items fall under the division?
Everything within the community of property, such as the property, savings, cars, furnishings, but also mortgages and other debts.
What happens to the property after a divorce?
One partner can buy out the other, the property can be sold, or it can be agreed that one partner continues to live there.
How are debts divided?
Debts within the community are divided equally. For debts outside the community, the responsible partner remains liable.
What if we cannot reach an agreement?
In that case, the court in Leiden decides on a fair division, taking into account each party's contributions.
Summary
In a divorce, the joint assets are in principle divided equally, unless otherwise agreed or determined by the court.
Key Points
- Standard division is fifty-fifty
- Deviations possible by agreement
- Buy out or sell the property
- Court intervention in conflicts
Relevant Institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46