How is an ongoing personal injury claim or received compensation handled during a divorce in Rijswijk? This is a complex issue that often leads to legal proceedings.
Personal Injury within the Marital Community of Property
If you are married under community of property, in principle everything falls into the joint estate. However, specific exceptions apply to personal injury compensations.
Statutory Provisions
According to Article 1:94 paragraph 3 of the Dutch Civil Code, compensations for non-material damage fall outside the community, unless otherwise agreed.
Types of Damage Items
| Damage Item | Part of Community? | Explanation |
|---|---|---|
| Pain and Suffering Compensation | No | Personal and falls outside the estate |
| Loss of Income (past) | Yes | Compensation for lost income |
| Loss of Income (future) | No | Future earnings are personal |
| Medical Expenses | Yes | Paid from joint assets |
| Domestic Assistance | Yes | Concerns household costs |
Matrimonial Property Agreements in Rijswijk
With matrimonial property agreements, such as cold exclusion of assets, the division is often easier to determine.
General Rule
- The personal injury compensation remains with the person who suffered the injury
- No division upon divorce
- Be aware of any equalization clauses in the agreements
Effect on Alimony
A personal injury benefit can affect the calculation of alimony in Rijswijk.
Relevant Factors
| Factor | Impact |
|---|---|
| Pain and Suffering Compensation | Not taken into account for financial capacity or needs |
| Loss of Income | Regarded as income and taken into account |
| Assets from Compensation | May influence the needs |
Ongoing Matters upon Divorce
If a personal injury case has not yet been settled at the time of divorce, there are important points to consider.
Making Agreements
- Who bears the costs of the lawyer?
- How is a future payout divided?
- What happens if the payout amount is unexpectedly high?
- How are advances settled?
Periodic Payments
In the case of periodic payments, such as monthly compensation for loss of income, the question arises whether these must still be shared after divorce.
Important Principles
- Payments during marriage: fall into the community
- Payments after divorce: personal property
- In case of disagreement: the court decides based on reasonableness
Attachment Principle
According to the attachment rule, assets closely connected to an individual remain outside the community.
Application to Personal Injury
Pain and suffering compensation is considered attached and remains outside the estate. For other damage items, this may be less clear-cut.
Relevant Case Law
There are various court rulings on personal injury and divorce that provide guidance.
Key Rulings
- Highest Court 3 November 2006: Confirms that pain and suffering compensation is attached
- Highest Court 24 October 1997: Distinction between material and non-material damage
- Various Court of Appeal rulings: Loss of income may be partially attached
Practical Advice for Rijswijk
- Clearly document agreements on personal injury in the divorce
- Ensure these agreements are included in the settlement agreement
- Consult both a family law attorney and a personal injury expert
- Consider the tax implications of the division
- In case of doubt: have the court issue a ruling
Frequently Asked Questions in Rijswijk
What happens in a divorce?
In a divorce, assets are divided, alimony is determined if necessary, and child custody is arranged.
How is parental authority determined?
Parents can retain joint authority or authority can be awarded to one parent, depending on the child's best interests.
What is alimony?
Alimony is a periodic payment from one ex-partner to the other or for the children, to support maintenance.
May I take my child with me after divorce?
This depends on authority. With authority, it is possible; without authority, permission or a court decision is required.
How long does a divorce process take in Rijswijk?
With mutual consent, a divorce can be finalized within three months.
For legal support in Rijswijk, you can contact the Rijswijk Legal Aid Office or submit matters to the District Court of The Hague.