Legal advice on divorce and finances

Questioner

My husband is going to leave me and my kids. Divorce is not an option at first. Now we want to draw up a kind of contract together about the financial aspects, for example all the bills that are now paid by my partner, he will continue to pay for them in the coming years. Me and the kids can continue to live in our house for the coming years. Can we draw up such a contract together? If one of the parties does not adhere to the agreements made, is this legally valid? Please respond to this.

Lawyer

Yes, it is possible to draw up a contract and make agreements between you and your spouse. It is important to take into account whether or not you are married in community of property. Topics that will be discussed include: costs of raising and caring for children, contact with children, access to the home, financial contributions to fixed costs, costs (maintenance) of the home, contact person for school, other financial obligations. Do not take out a loan without mutual consent. The agreements made and signed are legally valid.

Questioner

Thank you for your quick response. We are indeed married in community of property. Do you have any tips on what we should pay attention to when drawing up such a contract? Our children are now 16 and 19 years old.

Lawyer

I have already indicated tips / topics that should be recorded in writing, among other things. Of course, a contact arrangement does not apply to a young adult of 19 years old and less so to a 16 year old, who can more or less decide for himself whether he wants to have contact with the father. For the 19-year-old child, the starting point for maintenance should be that the father must pay maintenance directly to him/her. The amount of this is also something between the young adult and the father.