What is a nihilbeding alimentatie in Westland?
A **nihilbeding alimentatie** means that an ex-partner consciously waives maintenance rights (spousal or child maintenance). This is recorded in writing, often in a divorce settlement agreement. In Westland, district of the District Court of The Hague, this is common among financially independent couples. Always consult the Juridisch Loket Westland for personal advice.
Note: Such clauses are not always unconditionally valid and can be challenged. Seek legal assistance from the District Court of The Hague or the Juridisch Loket in Westland.
When do you apply a nihilbeding in Westland?
In the Westland region, nihilbedingen are often seen in divorce settlement agreements, especially in cases of:
- Financial independence: Both ex-partners have their own income or assets, without dependency.
- Asset division: After a fair division of assets, such as in an asset arrangement, maintenance is excluded.
- Prevention of future claims: To avoid long-term obligations post-divorce.
- Separation of finances: Complete decoupling of mutual financial claims, ideal for Westland entrepreneurs.
Legal basis and local case law
No specific law, but supported by the Civil Code (BW) and rulings from the District Court of The Hague:
- Art. 1:121 CC: Freedom of contract, provided it is legal and reasonable.
- Art. 1:122 CC: Must be fair; unfair clauses are void.
- Art. 1:123 CC: Performance is obligatory, except in cases of coercion or misrepresentation.
- Art. 1:240 CC: Voidable in case of abuse.
The District Court of The Hague (Westland district) rules that such clauses must be voluntary and informed. Supreme Court judgments confirm: no validity in cases of financial inequality.
Practice in Westland: how to record it?
Record it in writing in the settlement agreement, have it homologated by the District Court of The Hague. For free advice: District Court of The Hague or Juridisch Loket Westland. Unique to Westland: many greenhouse horticulturists choose this with equal incomes.
Consequences and challengeability
Valid as long as voluntary; otherwise challengeable within three years. In Westland, parties report success with mediation via local offices.
Tips for Westland residents
- Consult Juridisch Loket Westland before signing.
- Check income test at the District Court of The Hague.
- Consider notarial recording for extra certainty.