What is a nihilbeding alimentatie in Amsterdam?
A **nihilbeding alimentatie** is a legal agreement whereby an ex-partner explicitly waives alimony claims (maintenance payments). This applies to spousal and child support, but primarily to ex-partners. In Amsterdam, this is often recorded in divorce settlements at the Rechtbank Amsterdam, Parnassusweg 220. Always consult a lawyer or the Juridisch Loket Amsterdam, Vijzelstraat 77 for advice.
Note: Not all clauses are valid; they must meet strict conditions and are challengeable.
When is a nihilbeding applied in Amsterdam?
In divorce settlements at Rechtbank Amsterdam, this occurs in cases of:
- Financial independence: Both parties have their own income in the expensive Amsterdam housing market.
- Asset division: After the sale of a house in Amsterdam-Zuid, with a nihilbeding as a supplement.
- Preventing future claims: Definitive settlement to avoid later proceedings at Rechtbank Amsterdam.
- Separation of interests: Clear rule to prevent financial dependency.
Legal basis for nihilbeding alimentatie
Based on the Civil Code (BW):
- Art. 1:121 BW: Freedom of contract, provided it does not conflict with the law.
- Art. 1:122 BW: Must be fair; unfairness leads to nullification.
- Art. 1:123 BW: Performance is obligatory, except in case of mistake.
- Art. 1:240 BW: Voidable in case of abuse.
Case law of the Supreme Court requires voluntariness and no pressure. In Amsterdam cases, the court strictly reviews financial inequality.
How does it work in practice in Amsterdam?
Must be in writing in the settlement, approved by Rechtbank Amsterdam. In divorce proceedings, it is ratified. For review: visit Juridisch Loket Amsterdam (Vijzelstraat 77) or call for a free consultation hour. Example clause: 'The parties definitively waive spousal alimony'. In case of changed circumstances (illness, unemployment), revision may be possible via the court.
Consequences and risks of nihilbeding
Valid until revision due to changed circumstances (art. 1:401 BW). In Amsterdam cases, often challenged due to income decline from high cost of living. Seek help from lawyers specialized in family law.
Practical tips for Amsterdammers
- Consult Rechtbank Amsterdam (Parnassusweg 220) for hearings.
- Free advice: Juridisch Loket Amsterdam, Vijzelstraat 77.
- Consider a mediator for voluntary agreements.
Contact for personal advice; this does not replace legal assistance.