+31 (0)71 517 64 64
Van Hartingsveldt Schönhagen Ossentjuk Advocaten Mediators: Who are we?
[update website: 13 June 2018]
Van Hartingsveldt Schönhagen Ossentjuk Advocaten Mediators is a small specialised law firm situated on the periphery of Leiden and Oegstgeest.
You can contact our firm for specialised legal services in the field of divorce and family law. Whether you wish to obtain legal advice to determine your position, require assistance in order to reach an amicable settlement or wish us to conduct legal proceedings on your behalf, we are qualified to represent your interests at all courts in the Netherlands.
In addition, our lawyers are also qualified family law mediators.
If you are in the middle of legal proceedings or mediation and you seek a second opinion or require guidance from the sideline, we can help.
Van Hartingsveldt Schönhagen Ossentjuk Advocaten Mediators is a small specialised law firm situated on the periphery of Leiden and Oegstgeest.
You can contact our firm for specialised legal services in the field of divorce and family law. Whether you wish to obtain legal advice to determine your position, require assistance in order to reach an amicable settlement or wish us to conduct legal proceedings on your behalf, we are qualified to represent your interests at all courts in the Netherlands.
In addition, our lawyers are also qualified family law mediators.
If you are in the middle of legal proceedings or mediation and you seek a second opinion or require guidance from the sideline, we can help.
Our Lawyers
Ms C.M. (Caroline) Schönhagen and Mr M.A. (Marco) Ossentjuk are highly experienced and specialised family law lawyers / family law mediators who have been active as lawyers in the Leiden-Oegstgeest region for more than 23 years.
They are not only lawyers and mediators, they are also judges.
Caroline Schönhagen is deputy justice at the Arnhem-Leeuwarden Court of Appeal and Marco Ossentjuk is deputy justice at the Court of Appeal in ‘s-Hertogenbosch.
As judges, Caroline Schönhagen and Marco Ossentjuk rule in family law cases concerning divorce, maintenance and asset allocations.
They are not only lawyers and mediators, they are also judges.
Caroline Schönhagen is deputy justice at the Arnhem-Leeuwarden Court of Appeal and Marco Ossentjuk is deputy justice at the Court of Appeal in ‘s-Hertogenbosch.
As judges, Caroline Schönhagen and Marco Ossentjuk rule in family law cases concerning divorce, maintenance and asset allocations.
Mr. C.M. (Caroline) Schönhagen
C.M. (Caroline) Schönhagen is a specialised family law lawyer and family law mediator.
email: caroline.schonhagen@vhso.nl
email: caroline.schonhagen@vhso.nl
Mr. M.A. (Marco) Ossentjuk
Mr M.A. (Marco) Ossentjuk is a specialised family law lawyer and family law mediator.
email: marco.ossentjuk@vhso.nl
email: marco.ossentjuk@vhso.nl
Specialised divorce and family law lawyers
We made a conscious choice to specialise in and focus on divorce and family law.
This allows us to closely follow developments in our field of expertise and to be involved in the relevant specialist associations so that you have certainty your lawyer's knowledge is always up to date.
We are a member of;
Needless to say, our lawyers are also members of the Dutch Bar Association (NOVA) and through regular peer review meetings we ensure that we maintain a broad vision of what we do and are open to new ideas and views.
This allows us to closely follow developments in our field of expertise and to be involved in the relevant specialist associations so that you have certainty your lawyer's knowledge is always up to date.
We are a member of;
Needless to say, our lawyers are also members of the Dutch Bar Association (NOVA) and through regular peer review meetings we ensure that we maintain a broad vision of what we do and are open to new ideas and views.
More than 23 years of experience
We have over 23 years of experience in procedural family law, family mediation and collaborative divorce. This means we can assist you through the divorce process in a manner that suits you best and meets your needs and, if any children are involved, your children's needs.
How we work
Disputes can be settled in many ways. The judge can render a decision, but you can also reach settlements yourself through joint consultations. You can engage our firm for assistance in family law proceedings, family mediation and collaborative divorce. So, how do these approaches differ and what suits you best?
Sometimes disputes result in legal proceedings. In that case, we will assist you in the proceedings as your lawyer and present your case to the court in an expert and convincing manner, either as the claimant or as the defendant.
Legal disputes can also be settled by mediation instead of court proceedings. Mediation often has quick results and contrary to legal proceedings, it deals with emotional conflicts. You are in control and together with the mediator you lay down the agreements that are made. In that case, all the judge has to do is pronounce the divorce and include all your agreements in his or her decision.
If you choose consultation but want your own lawyer to assist you, you can opt for a collaborative divorce. A team of professionals, usually comprising two lawyers and a coach, will guide you through the divorce process. You arrange the details of the divorce in consultation, without any judicial intervention. The arrangements made are laid down in an agreement. The court ratifies this agreement and pronounces the divorce. You do not need to appear in court. Other family law conflicts can also be solved by adopting a collaborative approach.
Please contact us for a customised divorce plan.
Sometimes disputes result in legal proceedings. In that case, we will assist you in the proceedings as your lawyer and present your case to the court in an expert and convincing manner, either as the claimant or as the defendant.
Legal disputes can also be settled by mediation instead of court proceedings. Mediation often has quick results and contrary to legal proceedings, it deals with emotional conflicts. You are in control and together with the mediator you lay down the agreements that are made. In that case, all the judge has to do is pronounce the divorce and include all your agreements in his or her decision.
If you choose consultation but want your own lawyer to assist you, you can opt for a collaborative divorce. A team of professionals, usually comprising two lawyers and a coach, will guide you through the divorce process. You arrange the details of the divorce in consultation, without any judicial intervention. The arrangements made are laid down in an agreement. The court ratifies this agreement and pronounces the divorce. You do not need to appear in court. Other family law conflicts can also be solved by adopting a collaborative approach.
Please contact us for a customised divorce plan.
How to get divorced in the Netherlands
Divorce proceedings are initiated in the Netherlands by filing a request to that effect with the court. Dutch law stipulates that the divorce petition must be filed by a lawyer.
In the Netherlands, it is not necessary to give the court a reason why you want a divorce. The mere statement that your relationship has permanently been disrupted is sufficient. The outcome of the divorce proceedings is not affected by who of the two spouses is “to blame” for the divorce.
When you file for divorce, you can simultaneously request the court to make arrangements regarding, for example, the children, the maintenance, the distribution of assets and pension rights.
You can choose to file for divorce alone or jointly with your spouse. If you have been able to agree on the settlement of your marriage together - for example in mediation - you can have your lawyer-mediator draw up a divorce covenant. In that case, the lawyer will act on behalf of you both and, after the divorce settlement has been signed, the lawyer will submit a joint divorce petition to the court.
If any under-age children are involved, i.e. children up to the age of 18 years old, Dutch law requires a parenting plan to be drawn up. A parenting plan is a contract between the parents which records all the important matters relating to the education and care of the children.
In the Netherlands, it is not necessary to give the court a reason why you want a divorce. The mere statement that your relationship has permanently been disrupted is sufficient. The outcome of the divorce proceedings is not affected by who of the two spouses is “to blame” for the divorce.
When you file for divorce, you can simultaneously request the court to make arrangements regarding, for example, the children, the maintenance, the distribution of assets and pension rights.
You can choose to file for divorce alone or jointly with your spouse. If you have been able to agree on the settlement of your marriage together - for example in mediation - you can have your lawyer-mediator draw up a divorce covenant. In that case, the lawyer will act on behalf of you both and, after the divorce settlement has been signed, the lawyer will submit a joint divorce petition to the court.
If any under-age children are involved, i.e. children up to the age of 18 years old, Dutch law requires a parenting plan to be drawn up. A parenting plan is a contract between the parents which records all the important matters relating to the education and care of the children.
Urgent measures
Divorce proceedings can take quite a long time.
Nevertheless, certain circumstances require a swift provisional decision by the court. For example, in order to obtain an answer to the question which of the two parties is provisionally granted the right of residence in the matrimonial home, where the children will live for the first period, the framework of the parental contact arrangements, and the maintenance amount that must be paid before the judge has given a final decision on this.
Such expedited proceedings are possible. The court will try to deal with an application for preliminary relief within a few weeks at a hearing. Usually, the court’s decision is rendered a few weeks after the hearing.
We understand that there are situations in which it is important to obtain an opinion from the court as quickly as possible and this is why the drafting of petitions for provisional arrangements/preliminary relief proceedings takes priority within our firm. If necessary, we draft these documents in the evening or at the weekend.
Nevertheless, certain circumstances require a swift provisional decision by the court. For example, in order to obtain an answer to the question which of the two parties is provisionally granted the right of residence in the matrimonial home, where the children will live for the first period, the framework of the parental contact arrangements, and the maintenance amount that must be paid before the judge has given a final decision on this.
Such expedited proceedings are possible. The court will try to deal with an application for preliminary relief within a few weeks at a hearing. Usually, the court’s decision is rendered a few weeks after the hearing.
We understand that there are situations in which it is important to obtain an opinion from the court as quickly as possible and this is why the drafting of petitions for provisional arrangements/preliminary relief proceedings takes priority within our firm. If necessary, we draft these documents in the evening or at the weekend.
Does the Dutch Court have jurisdiction?
In the vast majority of cases, if you are a resident in the Netherlands, the Dutch court has jurisdiction to deal with divorce petitions which include requests relating to children, maintenance, asset settlement and pension rights.
In other words, it does not matter in which country you got married or which nationality you have.
The jurisdiction of the Dutch court is governed by many laws, regulations and treaties. Of course, on the basis of the facts in the file, we always assess the jurisdiction of the Dutch court before filing legal action.
In other words, it does not matter in which country you got married or which nationality you have.
The jurisdiction of the Dutch court is governed by many laws, regulations and treaties. Of course, on the basis of the facts in the file, we always assess the jurisdiction of the Dutch court before filing legal action.
Does Dutch or foreign law apply?
Based on the applicable laws, regulations and treaties, it must be assessed whether Dutch or foreign law is applicable. Most parts of the divorce will be governed by Dutch law.
The exception to this rule is matrimonial property law and pension equalization. The law applicable to pension equalization will largely follow the law that applies to the matrimonial property regime.
The law applicable to the matrimonial property regime depends, among other things, on any choice of law made by you and your spouse together, the nationality of the partners, the date of your marriage, the place of your marriage, the country in which you both had your habitual residence immediately after the marriage and the country you are both closest connected to. Other circumstances may also be relevant such as, for example, how long you have been living in the Netherlands.
We will always determine for you which law applies to your divorce, the arrangements for the children, the settlement of matrimonial property and the sum of any maintenance to be paid. This is extremely important.
The applicable law determines which legal standards apply to both a court decision and to the mutual consultation.
The exception to this rule is matrimonial property law and pension equalization. The law applicable to pension equalization will largely follow the law that applies to the matrimonial property regime.
The law applicable to the matrimonial property regime depends, among other things, on any choice of law made by you and your spouse together, the nationality of the partners, the date of your marriage, the place of your marriage, the country in which you both had your habitual residence immediately after the marriage and the country you are both closest connected to. Other circumstances may also be relevant such as, for example, how long you have been living in the Netherlands.
We will always determine for you which law applies to your divorce, the arrangements for the children, the settlement of matrimonial property and the sum of any maintenance to be paid. This is extremely important.
The applicable law determines which legal standards apply to both a court decision and to the mutual consultation.
What arrangements should be made in a divorce?
In divorce proceedings, you also arrange the consequences of the divorce. Among other things, you should consider the following issues;
- arrangements regarding the under-age children in a parenting plan;
- details of possible joint parenting;
- the costs of the children, the monthly child maintenance (how much, and which parent pays what);
- the contact arrangement and/or contact arrangement with the children;
- the holiday arrangement;
- future housing (where each party will live and whether this will impact the parental contact arrangements);
- moving to a new house with the children after a divorce;
- the role of a new partner/stepparent;
- partner maintenance (how much and for how long);
- the matrimonial home (will one of the parties continue to live here or will it be sold);
- the distribution of assets;
- the settlement of prenuptial agreements;
- accrued pension entitlements;
- tax consequences.
Parenting plan
If under-age children are involved in divorce proceedings, Dutch law requires that a parenting plan be drawn up.
A parenting plan must be drawn up by the parties in consultation and the following matters must be arranged, among other things;
A parenting plan must be drawn up by the parties in consultation and the following matters must be arranged, among other things;
- the parental authority;
- the children’s place of residence;
- the contact arrangements (also during holidays);
- child maintenance;
- the way in which the parents inform each other of matters concerning the children;
- how to deal with the choice of school and/or medical treatment;
- how to deal with new partners;
- how the parents respectfully communicate with each other.
Mediation
If you decide to file for divorce, you can both engage your own lawyer and file your petition for divorce, whether or not with different arrangements concerning children, maintenance, house and assets. Although this is the appropriate route in some cases, there has also been another route for several years: divorce mediation.
In mediation, the two parties jointly engage one lawyer-mediator. The mediator will sit down together with the parties to settle the divorce and the consequences of the divorce in consultation. In other words: everything is arranged together. This arrangement will always be recorded in an agreement, the divorce settlement, and will become part of the divorce decree.
Mediation has advantages. You and your ex-partner decide what will and will not happen. This therefore differs from the "traditional" divorce, where the court ultimately determines - in the event of any disagreement - which arrangement will apply after the divorce. In mediation, escalation is prevented as much as possible, whereas this is often not the case in divorce proceedings conducted before a court. Another advantage is that divorce proceedings with the aid of mediation is almost always less time-consuming.
Both Caroline Schönhagen and Marco Ossentjuk are affiliated with the Association of Family Lawyers and Divorce Mediators (vFAS) and are recognized vFAS and MfN family mediators. The mediators of our firm are familiar with all legal aspects of a divorce and also have extensive experience in guiding the emotional process of a divorce.
In mediation, the two parties jointly engage one lawyer-mediator. The mediator will sit down together with the parties to settle the divorce and the consequences of the divorce in consultation. In other words: everything is arranged together. This arrangement will always be recorded in an agreement, the divorce settlement, and will become part of the divorce decree.
Mediation has advantages. You and your ex-partner decide what will and will not happen. This therefore differs from the "traditional" divorce, where the court ultimately determines - in the event of any disagreement - which arrangement will apply after the divorce. In mediation, escalation is prevented as much as possible, whereas this is often not the case in divorce proceedings conducted before a court. Another advantage is that divorce proceedings with the aid of mediation is almost always less time-consuming.
Both Caroline Schönhagen and Marco Ossentjuk are affiliated with the Association of Family Lawyers and Divorce Mediators (vFAS) and are recognized vFAS and MfN family mediators. The mediators of our firm are familiar with all legal aspects of a divorce and also have extensive experience in guiding the emotional process of a divorce.
Free initial meeting
Before you ask our firm to take on a case, you might want to meet the person you have in mind as your lawyer.
You wonder whether the lawyer in question is the type of lawyer you are looking for and whether you will both get along well. In addition, at the beginning of the case you might want to know how the lawyer will approach your case. To answer the above questions, we offer the possibility of a free initial meeting. Together with the lawyer you list the legal options, so you can assess whether the work method corresponds with your ideas in this respect.
We ask you to please note that the free initial meeting is not intended to substantively assess and answer your legal questions, this will happen after you have instructed the lawyer to do so.
The initial meeting takes thirty minutes at most and is free of charge.
You wonder whether the lawyer in question is the type of lawyer you are looking for and whether you will both get along well. In addition, at the beginning of the case you might want to know how the lawyer will approach your case. To answer the above questions, we offer the possibility of a free initial meeting. Together with the lawyer you list the legal options, so you can assess whether the work method corresponds with your ideas in this respect.
We ask you to please note that the free initial meeting is not intended to substantively assess and answer your legal questions, this will happen after you have instructed the lawyer to do so.
The initial meeting takes thirty minutes at most and is free of charge.
Meeting in the evening
We understand that because of work commitments or your children it might not always be possible to meet during working hours. If you wish you can also arrange a meeting with us in the evening. With the exception of Wednesdays this is possible on all working days until 8 p.m. We will always gladly assist you.
Contact
VAN HARTINGSVELDT SCHÖNHAGEN OSSENTJUK ADVOCATEN MEDIATORS
Schipholweg 74
2316 XD Leiden
+31 (0)71 517 64 64
Schipholweg 74
2316 XD Leiden
+31 (0)71 517 64 64
| Secretarial office: | info@vhso.nl |
| Mr. Caroline Schönhagen: | caroline.schonhagen@vhso.nl |
| Mr. Marco Ossentjuk: | marco.ossentjuk@vhso.nl |
If you have any questions or require additional information, please feel free to contact Caroline Schönhagen by calling or mailing her. Naturally, you can also use the website contact form.
Dutch Website
You will find far more information about our firm and our services on our Dutch website. To consult our Dutch website, click:
Van Hartingsveldt Schönhagen Ossentjuk divorce lawyers mediators Leiden and Oegstgeest region.
Van Hartingsveldt Schönhagen Ossentjuk divorce lawyers mediators Leiden and Oegstgeest region.
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Van Hartingsveldt Schönhagen Ossentjuk advocaten mediators
Schipholweg 74, 2316 XD Leiden
+31 (0)71 517 64 64
info@vhso.nl
Schipholweg 74, 2316 XD Leiden
+31 (0)71 517 64 64
info@vhso.nl
PO Box 2202, 2301 CE Leiden
Fax: +31 (0)71 515 51 24