What is a zero alimony clause in The Hague?
A **zero alimony clause** is a legal clause whereby an ex-partner knowingly waives alimony claims. This applies to spousal or child support alimony and is often recorded in divorce settlement agreements at the District Court of The Hague, located at Prins Clauslaan 60. The clause provides clarity and prevents future disputes, but requires careful legal scrutiny.
Tip for The Hague: Consult the Legal Aid Office The Hague at Lutherse Burgwal 10 for free advice before signing. A zero alimony clause is not always unconditionally valid and can be challenged.
When do you apply a zero alimony clause in The Hague?
This clause often appears in divorce settlement agreements at the District Court of The Hague, for example in cases of:
- Financial independence: Both ex-partners have a stable income, as is common in the The Hague region.
- Asset division: After a fair split of assets, including pension equalization, alimony is excluded.
- Prevention of claims: Avoid lengthy proceedings at the District Court of The Hague through a definitive arrangement.
- Financial disentanglement: Ex-partners fully separate their interests, ideal for remarriage plans.
Legal basis for zero alimony clause
Based on the Civil Code (BW) and Supreme Court case law, with local application at the District Court of The Hague:
- Art. 1:121 CC: Free agreements, provided they are reasonable.
- Art. 1:122 CC: Must be fair; unfair clauses are void.
- Art. 1:123 CC: Binding, except in cases of mistake or coercion.
- Art. 1:240 CC: Voidable in case of abuse.
The District Court of The Hague strictly tests for voluntariness. Supreme Court rulings emphasize protection of weaker parties.
Practice in The Hague: how do you arrange it?
Record it in writing in a settlement agreement and have it approved by the District Court of The Hague (Prins Clauslaan 60). Start at the Legal Aid Office (Lutherse Burgwal 10) for review. Modification is possible in case of changed circumstances, such as unemployment.
Consequences and risks
Advantages: peace and clarity. Disadvantages: no alimony in financial need, unless revised via the District Court of The Hague. Stricter scrutiny applies to child support alimony.
Action in The Hague
Make an appointment at District Court of The Hague, Prins Clauslaan 60 or Legal Aid Office The Hague, Lutherse Burgwal 10. Looking for a lawyer? Search for specialized family law attorneys in the region.