What is a nihilbeding alimentatie?
A **nihilbeding alimentatie** is a legal agreement whereby an ex-partner consciously waives alimony claims (maintenance contribution). This is explicitly and in writing recorded, often during or after a divorce. It usually applies to spousal alimony, sometimes also child alimony. In Tilburg, this is frequently included in divorce settlements, handled at the District Court Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.
Tip for Tilburg: For free advice on nihilbedingen, you can go to the Juridisch Loket Tilburg, Spoorlaan 364. A nihilbeding is not always binding and can be challenged if it is not fair.
When is a nihilbeding alimentatie used in Tilburg?
Such clauses often appear in divorce agreements at the District Court Zeeland-West-Brabant. Typical situations:
- Financial independence: Both ex-partners have their own income or assets, no dependency.
- Asset division: After settlement of joint property via an asset settlement, no alimony needed.
- Preventing future claims: Definitive separation of finances post-divorce.
- Quick handling: Partners want to avoid lengthy discussions at the court in Tilburg.
Legal basis for nihilbeding alimentatie
No specific law, but based on the Civil Code (BW) and case law. Relevant articles:
- Art. 1:121 CC: Freedom of contract, provided it is not contrary to law or public morals.
- Art. 1:122 CC: Must be reasonable; unfair clauses are void.
- Art. 1:123 CC: Performance obligatory, except in case of mistake or coercion.
- Art. 1:240 CC: Voidable in case of abuse of circumstances.
Supreme Court rulings require that the clause be entered into voluntarily and consciously. In Tilburg, the District Court Zeeland-West-Brabant (Wilhelminapark 100) handles disputes about this.
How does it work in practice in Tilburg?
The clause must be in writing in a settlement agreement and is approved by the judge at the District Court Zeeland-West-Brabant. For personal advice: visit the Juridisch Loket Tilburg, Spoorlaan 364. Not all clauses hold up if they lead to poverty for the waiving party.
Consequences and challengeability
A valid nihilbeding blocks future claims, but can be challenged within three years in case of changed circumstances (e.g., illness, unemployment). In Tilburg, you can litigate at the aforementioned court. Always seek professional help to avoid risks.
Practical tips for Tilburg
- Consult a lawyer specialized in family law.
- Start at Juridisch Loket Tilburg, Spoorlaan 364 for low incomes.
- Submit divorce documents at District Court Zeeland-West-Brabant, Wilhelminapark 100.