What is a nihilbeding alimentatie?
A nihilbeding alimentatie is a legal agreement whereby an ex-partner explicitly waives the right to alimony (maintenance money). This means that the partner who would normally be able to claim alimony consciously and in writing renounces it. This agreement can be made both during a relationship and during or after a divorce. The nihilbeding can relate to both spousal alimony and child alimony, but in practice it mostly concerns alimony between ex-partners. It is an important clause in divorce settlements or divorce conventions. Important to know: A nihilbeding alimentatie is not automatically valid. It must meet specific conditions and can be challenged in certain cases. It is therefore advisable to seek legal advice before signing such a clause.When does a nihilbeding alimentatie occur?
A nihilbeding alimentatie is often included in a divorce convention or a settlement agreement. This can happen, for example, if:- Partners are financially independent: If both parties have sufficient own income or assets and no financial dependency exists, a nihilbeding alimentatie can be a logical agreement.
- Agreement on division of assets: If partners have made arrangements regarding the division of their joint assets (for example via an asset settlement), a nihilbeding alimentatie can be part of that agreement.
- Avoidance of long-term alimony obligations: Some partners want to prevent alimony from being claimed for years after the divorce. A nihilbeding can offer a definitive solution here.
- Further separation of financial interests: If partners want to prevent future financial claims against each other, a nihilbeding alimentatie can clearly regulate that.
Legal basis: where is it in the law?
The concept of a nihilbeding alimentatie is not explicitly regulated in a specific law, but it is based on general principles of the Civil Code (BW) and case law. Important articles are:- Article 1:121 BW (Freedom of contract): Parties may in principle freely make agreements, provided they do not conflict with the law or public morals.
- Article 1:122 BW (Equal treatment): A nihilbeding must be fair and reasonable. If a clause is clearly unfair (for example because it places someone in a weak position), it can be declared null and void.
- Article 1:123 BW (Agreements must be honoured): A nihilbeding alimentatie must be honoured, unless there is fraud, mistake or coercion.
- Article 1:240 BW (Dissolution of agreement in case of abuse): If it appears that a nihilbeding has been forced under abuse of circumstances, it can be annulled.
How does a nihilbeding alimentatie work in practice?
A nihilbeding alimentatie must be in writing, for example in a divorce convention or a notarial deed. It is not an oral agreement that counts before the court. Here follows a step-by-step plan on how it works in practice:- Agreement: Both partners must agree to the nihilbeding. It must not be forced.
- Legal advice: It is advisable to consult a legal advisor or lawyer to ensure that the clause is legally enforceable.
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Inclusion in agreement: The nihilbeding is included in a divorce convention or a notarial deed. An example of such a clause reads:
"Party A hereby forever and irrevocably waives the right to alimony vis-à-vis Party B, both now and in the future."