What does the judge take into consideration?

Questioner

Married under prenuptial agreement with final settlement clause. In case of divorce, division as if married in community of property. Divorce in 2021, due to circumstances without covenant. Household effects were divided in 2021. Ex did not want to settle anything further. At the end of 2023, the ex still wants to settle, probably because the ex has large debts. Does the judge only look at 2021 or does he/she also take the other facts into consideration? As a judge with a broader perspective, I let it come down to a trial and I do not respond to the opposing party's lawyer.

Lawyer

In principle, according to Dutch law, there is a limitation period of three years after the divorce to claim settlement under the final settlement clause in the prenuptial agreement. However, if both parties were already aware of the existence of these rights during the divorce and no agreements were made about it, it may be that these rights can no longer be exercised. In this matter, the specific circumstances and the content of the prenuptial agreement can be important. Although you still have some time to do this, it would certainly be advisable to quickly obtain legal advice from a lawyer or legal expert who specializes in family law. Please note that this advice is based on general legal principles and may differ from your specific situation. For exact legal advice regarding your issue, you should consult a legal expert or legal expert, such as via the Divorce Shop.

Questioner

Thanks for the answer. If this is done via a lawyer, then the letter of the law is only looked at and only the date of divorce is looked at and nothing else. I wonder if the judge looks at more, for example at the reason why my ex now wants to settle all at once and at the debts my ex had when we got married. The lawyers do not look at this. If the judge does take that into account, I can better let it come to a trial. I hope I can still get an answer to this.