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Divorce and dissolution

Divorce and dissolution - ABN AMRO

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Page 1: Divorce and dissolution - ABN AMRO

Divorce anddissolution

Page 2: Divorce and dissolution - ABN AMRO

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“ To be honest, we’d been having problems for years. Not that either of us had been unfaithful

– we’d just fallen out of love. Luckily, we could both agree on that. The level of irritation

gradually grew, and there was more and more tension between us. It was also starting to

affect the kids – children are much more perceptive than we give them credit for. A few

weeks ago, we finally decided to go our separate ways. It was very emotional. After all, we

loved each other, have children together and shared our lives for years. At the same time,

though, we both felt a sense of relief. It’s the beginning of a new chapter. We may have our

rows, but we’ve always been in agreement that our personal affairs should be in order. We

owe it to ourselves and, more importantly, to the kids. Friends of ours recently went through

a bitter divorce. And neither of us wants that.”

Page 3: Divorce and dissolution - ABN AMRO

3

Contents

What now? 4

Your ABN AMRO advisor and Scheidingsexpert are here to help 6

What steps should you take? 10

Useful tips 14

Who does what? 16

Information and advice 19

From A to Z: putting more than just your finances in order

Page 4: Divorce and dissolution - ABN AMRO

The legal status of your relationship will have an impact on many of the steps you’ll need to take.

What now? Going through a divorce or dissolution can be very

stressful. You’ll need to make a number of important

arrangements and decisions at a time when you may

not always be thinking clearly. Who will live where?

Who gets the kids? What about the finances? Will I have

to work more? Who will help us with all the papers we

need to file? What about our bank accounts and insurance

policies? What will we do with all our stuff? You’re going

to have to make a number of important arrangements

and decisions at this emotionally stressful time, and it

won’t be easy. That’s why it’s important that you take a

practical and thorough approach, and enlist the aid of

an advisor sooner rather than later.

Contact your advisor as quickly as possibleIt’s a good idea to contact an ABN AMRO advisor as soon

as possible. He or she will help you better understand

your financial situation and what you need to do. Expert

guidance will give you peace of mind during this hectic

time.

The steps you’ll need to take will depend largely on

the legal status of your relationship, whether you have

children together, whether you jointly own a home or

are renting, and how many banking and insurance

products you share.

Are you cohabiting?If you cohabit and have children together, you’re required

by law to set out the agreements you make regarding

the care of the children in a statement of arrangements.

If you have no children together, the two of you are free

to simply separate, meaning you won’t need to deal with

any legalities. You might think this would make things

easier, but in everyday life, a lack of rules often results

in grey areas. These can involve the terms set out in your

cohabitation agreement or the home you share, for

instance. Getting sound advice is very important, as is

carefully documenting all the agreements you make.

Do you need to make changes to your banking products?

Your ABN AMRO advisor will be happy to help.

Are you married, or do you have a civil partnership?Are you divorcing your spouse or seeking the dissolution

of your civil partnership? In that case, the court will need

to officially grant your divorce or dissolution order (note

that this requirement does not apply to civil partners

who don’t have children and who are in agreement

about the dissolution). Basically, there are two types

of divorce: the first is by mutual agreement via a joint

petition, an amicable divorce; while the second, commonly

referred to as a contested divorce, involves the two

parties having their own lawyers. In the future, couples

with no minor children will probably also be able to

obtain a divorce or dissolution without filing a petition

with the court, but it’s not yet clear when this change

will be enacted. You can find all the latest information

on our website: abnamro.nl/scheiden

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Page 5: Divorce and dissolution - ABN AMRO

“ When we got married, I insisted on a prenuptial agreement. Everyone thought this was

very strange. ‘You love each other, don’t you?’ they all asked. Friends wondered if it was

because I had so little faith in the relationship that I was already hedging my bets. But I

honestly wasn’t. I, too, thought we’d live a long and happy life together. Now, though, I

regret that we didn’t ‘balance the accounts’ each year, since today the prenuptial

agreement isn’t worth the paper it’s written on.”

Amicable divorce Contested divorce

You make your own decisions The court makes the decisions

Costs are manageable Costs are high

Reasonably fast process Lengthy process

Arrangements can be made for the future No arrangements can be made for the future

You don’t personally have to go to court, as the procedure is conducted in writing

Both of you must attend a court hearing

The divorce is finalised in one go The divorce is finalised in several steps

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Page 6: Divorce and dissolution - ABN AMRO

The right advisor at the right time.

ABN AMROand Scheidingsexpert ABN AMRO works with Scheidingsexpert Nederland to

provide advice and mediation services for those seeking

a divorce or dissolution. The Scheidingsexpert approach

is based on impartiality and expertise. Impartiality is

ensured by the fact that Scheidingsexpert is in no way

involved in selling financial products and earns no

commission from financial institutions.

Your ABN AMRO advisor provides insight into your financesYour advisor will be happy to help you get to grips with

your financial and insurance products. What products have

you purchased from us together with your partner? What

would you like to do with them now? In many cases, your

advisor can have certain products – like a current or savings

account – opened for you at the end of your first meeting,

but the usual procedure is that these arrangements are

made only after you and your partner have made final

agreements about the divorce or dissolution. If you wish,

your advisor can refer you to Scheidingsexpert, at no

obligation to you, to see to such matters on your behalf.

If the agreements have already been set out in a signed

separation agreement, or the court has already granted

the divorce or dissolution, your advisor will be happy to

advise you on how all the related agreements should

be carried out. He or she will also walk you through

a complete overview of your new situation, ensuring

that all your financial affairs are once again in order.

Scheidingsexpert: mediation with a solutionYou can request that your Scheidingsexpert mediator

handle all aspects of the divorce or dissolution,

including settlement through the courts. He or she

always confers with both of you and acts in both your

interests. Your Scheidingsexpert mediator is registered

with the Register Financieel Echtscheidingsadviseurs

(Financial Divorce Advisors’ Register), with the

Mediatorsfederatie Nederland (Mediators’ Federation of

the Netherlands), having earned certification in family

mediation, and with the Raad voor Rechtsbijstand (Legal

Aid Board). Using a special model, your mediator can

give you specific insight into your respective financial

positions after the divorce or dissolution. This allows

you to make careful, well-informed decisions for the

future, both for yourselves and for your children.

Collaboration between your ABN AMRO advisor and Scheidingsexpert: fewer worries at a difficult timeNormally, you’d need multiple advisors to get answers

to all your questions during the divorce or dissolution

process – an additional source of anxiety during what is

already a hectic time. Your ABN AMRO advisor and your

Scheidingsexpert mediator will take all this off your hands.

You can also authorise them to coordinate their advisory

services throughout the process. They’ll keep you updated

every step of the way, giving you feedback on the financial

viability of the agreements the two of you plan to make

about things like the home. The agreements you make

will also be detailed in the separation agreement.

To make it even easier for you, your Scheidingsexpert

mediator will additionally inform your ABN AMRO

advisor of the terms of the agreement. He or she can

then quickly make any necessary changes to, and

advise you on, your banking products. Please visit

abnamro.nl/scheiden for more information.

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Page 7: Divorce and dissolution - ABN AMRO

“ After my divorce, I needed my own bank account again to pay the rent and receive my

salary. That didn’t take long at all, unlike other things which took ages. Like making

agreements with my ex.”

Would you like to learn more about Scheidingsexpert? If so, please visit scheidingsexpert.nl/abnamro, or phone

088 - 831 23 20.

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Page 8: Divorce and dissolution - ABN AMRO

Enlisting the services of a civil-law notary if you both own the homeIf you’ve agreed that both the home and the mortgage

are to be transferred to your partner, you’ll need to record

this agreement officially in a notarial deed. Don’t forget

to inform your bank or mortgage advisor so they can

record this change as well. Otherwise you could continue

to be partly responsible (jointly and severally liable) for

repaying the outstanding mortgage debt. If you’ve decided

to sell the home and are married under a general community

property regime or have a civil partnership, the value of

the property will be considered part of your joint assets

(assets and liabilities), which are to be divided between

you. If your divorce or dissolution is being arranged

by Scheidingsexpert, you can choose to have your

Scheidingsexpert mediator and ABN AMRO advisor

take care of all this for you.

If the home is transferred to you or yourpartner

Let’s suppose you own a home together. If your

partner wants to continue to live there alone,

he or she will have to buy you out. Since the

whole of the mortgage will also be transferred

to him or her, the terms of the mortgage, too,

will have to be amended. Accordingly, you will

want to request to be released from joint and

several liability, as, in most cases, both partners

are jointly and severally liable – in other words,

each of you is responsible for the outstanding

principal, or mortgage debt.

What do you need to apply to be released from joint and several liability?

To apply to be released from joint and several

liability, you’ll need a signed separation agreement.

If Scheidingsexpert is guiding you through

the process, the application can be submitted

before a separation agreement has been drawn

up. Your ABN AMRO advisor can start to process

the application using the key elements in the

separation agreement which your Scheidingsexpert

mediator communicates to him or her. Your

application is assessed on the basis of these

elements. The bank also evaluates whether the

party wishing to remain in the home can continue

to make the mortgage payments. If the application

is approved, we will draw up an offer for you straight

away and arrange the requested release. If the

application is not approved, your Scheidingsexpert

mediator will work with you to quickly find an

alternative. Only then is the separation agreement

drawn up on the basis of the elements in their

latest form. As a result, you’ll always have an

enforceable separation agreement and know

exactly where you both stand. Your ABN AMRO

advisor will be happy to tell you more about

all this.

In the future, too, ABN AMRO and Scheidingsexpert will be there for youFuture changes – such as fluctuations in your income, a

move, or one or both of you cohabiting with a new partner –

will again result in questions about the agreements you

made and your finances at the time of the divorce or

dissolution. Here, too, your ABN AMRO advisor and

Scheidingsexpert mediator will be there for you with

advice.

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Page 9: Divorce and dissolution - ABN AMRO

“ We’d grown so far apart that our relationship was more like that of brother and sister.

Life’s just too short, you know? So we decided to split up. We’re still pals, so the divorce

is going very smoothly. Practical issues aren’t a big deal either. I sometimes actually find it

difficult now that I have to do everything myself. It’s hard making certain financial decisions

when you’re on your own.”

Your mediator discusses any desired changes in the

separation agreement with you and your ex-partner to

ensure that no future conflicts arise.

Any amended agreements are then set out for you in a

supplementary separation agreement. Your ABN AMRO

advisor will be happy to advise you on possible changes

to your financial situation and can implement these for

you.

Possible entitlement to legal aid for mediationUp to a certain level of income and assets, you

may qualify for legal aid for mediation. Your

Scheidingsexpert mediator will tell you more

about this and apply for aid on your behalf if

you’re entitled to it. You can find more information

about legal aid at rvr.org

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Page 10: Divorce and dissolution - ABN AMRO

Step 1: Get expert advice

Have the two of you decided to split up? Then you’re

welcome to come in and discuss your finances with

your ABN AMRO advisor, who can make all the proper

arrangements for you. It’s important to seek expert

advice as soon as possible, since it will give you peace

of mind and help ensure the divorce doesn’t get messy.

Your ABN AMRO advisor will inform you of the steps

you’ll be taking, so you’ll always know exactly where

you stand. Should you so wish, your ABN AMRO

advisor can arrange for Scheidingsexpert to contact

you at no obligation in order to guide you through the

process.

We look forward to guiding you through the divorce or dissolution and putting your finances in order.

What steps should you take?

10

Get expert advice

You decide to separate Make an appointment with your ABN AMRO advisor Your ABN AMRO advisor informs you about the steps to be taken in the divorce or dissolution process Your ABN AMRO advisor arranges for Scheidingsexpert to contact you at no obligation

Assess your financial situation

Your ABN AMRO advisor can provide a number of banking products straight away Your Scheidingsexpert mediator discusses the financial, legal and tax implications of the

divorce or dissolution with you Your Scheidingsexpert mediator explains possible solutions based on your wishes You can request that your Scheidingsexpert mediator coordinate these solutions with your

ABN AMRO advisor

Draw up the official separation agreement

Your Scheidingsexpert mediator will draw up the separation agreement Your Scheidingsexpert mediator submits the divorce or dissolution petition to the court and

arranges for the decree to be filed with the Civil Registry

Change existing banking products and/ or request new ones

You can request that your Scheidingsexpert mediator inform your ABN AMRO advisor of the agreements he or she has made with you

Your ABN AMRO advisor will advise you on products and services, and can modify these in accordance with your wishes

Don’t forget to tie up loose ends

Check to be sure all changes to your own financial situation are in order Inform the relevant authorities of your new situation

1.

3.

4.

5.

2.

Page 11: Divorce and dissolution - ABN AMRO

Step 2: Assess your financial situation

Splitting from your partner means that your joint assets

and liabilities will be divided. Are you cohabiting but don’t

have anything official on paper? Then you’ll need to sit

down and discuss this together. You can authorise your

Scheidingsexpert mediator to inform your ABN AMRO

advisor of all the banking products you currently have

so you won’t have to worry about these. Your mediator

will talk to you about all possible solutions. For instance,

would it be financially viable to transfer the home and

mortgage to one of you? And what will the financial

consequences be? To quickly clarify the situation for you,

your Scheidingsexpert mediator will pass on the key

elements in the separation agreement to your ABN AMRO

advisor, who can then quickly assess your mortgage

application and implement the necessary changes if it

is approved.

Useful websitesThese websites will provide you with useful,

detailed information on a variety of topics

connected with divorce and dissolution.

abnamro.nl/scheiden

On this website, you’ll find more information

on divorce and related topics.

rijksoverheid.nl

Click on the ‘Familie, jeugd en gezin’ link.

berekenkinderalimentatie.nl/abnamro

This website lets you calculate child

maintenance free of charge using the

Child Maintenance Calculator.

Would you prefer to have separateadvisors?

No problem. Just inform your current advisor,

who will then see to it that one of you is

assigned a second advisor to jointly oversee

your financial affairs. Naturally, we’ll ensure

that the transfer is seamless. Please bear in

mind that both your signatures will be required

in order to discontinue many of the products

you currently share.

“ The day we had to tell the children was the worst day of my life.”

Speed things up by coming in togetherIt’s best if the two of you can come in together. That way you’ll both get the same information and the process of duly separating your financial products will be faster.

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Page 12: Divorce and dissolution - ABN AMRO

Individual current accounts can often be opened immediatelyEven before the divorce or dissolution order has been

granted, your ABN AMRO advisor can provide you with

certain products straight away – like a new current or

savings account in your name only, which will help you

keep a close eye on what you’re spending. However,

it’s often a good idea to do this after you’ve discussed

it with your partner and Scheidingsexpert mediator so

that there are no unpleasant surprises.

Step 3: Draw up the official separation agreement

If you’re married, your Scheidingsexpert mediator will

draw up a separation agreement for you spelling out all

the agreements you’ve made with your partner regarding

the distribution of assets, where both of you are

going to live, any maintenance and the statement of

arrangements for children. After both of you have

signed the agreement, it is submitted to the court.

Only after the decree has been filed with the Civil

Registry are you officially divorced. If the two of you

are able to reach agreement quickly, a divorce can

be obtained within three months. If you have a civil

partnership, you will need to file for a dissolution order.

Your Scheidingsexpert mediator can arrange this for

you, too. If you cohabit but don’t have a cohabitation

agreement, you don’t need any official documents to

establish the dissolution of the relationship. If you do

have a cohabitation agreement, it will contain the

agreements you made together. Other matters which

may need to be seen to will depend on the terms of

the agreement and often give rise to questions. Your

Scheidingsexpert mediator can advise you on these

as well.

Under what circumstances is a separation agreement needed?In many cases, the separation agreement is one of the

documents we need in order to provide new products

or make changes to existing ones. We also need the

agreement to be able to discuss your current and future

personal and financial situation. For some products and

services, a draft agreement will be sufficient to start

with. If Scheidingsexpert is overseeing the process, we

can start processing your mortgage application without

a draft or final agreement.

Step 4: Change existing banking products and/or request new ones

We can have certain banking products, like a current

account, opened for you before the divorce or dissolution

is finalised. We can also discuss life insurance and

savings products with you in terms of how they relate

to the draft agreement. To make changes to, terminate

or finalise your mortgage and other products or services,

we will need the final agreement, even if you have

enlisted the services of Scheidingsexpert.

Step 5: Don’t forget to tie up loose ends

If you and your ex-partner owned a home together,

you’ll probably have to make one last visit to a civil-law

notary after the divorce or dissolution has been granted

– to effect the official transfer of the home, for instance.

This is also a good time to inform other authorities

(such as the municipality and the power company),

change your will, have your tax return prepared for the

year in which the divorce took place and assess the

impact of the divorce on your pension. Your ABN AMRO

advisor and Scheidingsexpert mediator will help you tie

up all these loose ends. It goes without saying that

your advisor will do everything he or she can to get

your financial life back on track as quickly as possible.

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Page 13: Divorce and dissolution - ABN AMRO

More information on bankingYou’ll find more information on divorce and related

topics at abnamro.nl/scheiden

International aspects of divorceDid you get married outside the Netherlands? Are either

you or your partner not a Dutch citizen, or do one or

both of you live outside the Netherlands? In any of

these cases, you’ll have to deal with various international

aspects of divorce, which unfortunately can make the

process even more complicated than it already is.

Where international divorces are concerned, you should

always determine which aspects can be dealt with in the

Netherlands and which can’t – you’ll need to consider

maintenance, assets, pension and agreements involving

the children. The national law applicable may be

different depending on a given aspect of the divorce.

It’s obviously very important to explore all these aspects

so that you’re well informed of the consequences in

each case.

Together with Scheidingsexpert, we can assist you in

this complex process, providing insight into all your

options. Your ABN AMRO advisor and Scheidingsexpert

mediator will either help you in your own language or

hire an interpreter.

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It always pays to plan ahead.

Useful tips No need to wait until your home is sold to proceedIf the two of you have decided to go your separate ways

and put the home on the market, you might think it’s best

to wait until it sells before you file for a divorce or dissolution.

But that’s not the case. The financial implications of

your current situation and the future sale of the home

can be assessed straight away, and the financial

arrangements regarding the property while it is on the

market and once it is sold can be agreed and recorded

in the separation agreement. This approach helps you

avoid surprises and will give you peace of mind and

clarity while the house is up for sale, an invariably

stressful time.

Do you wish to continue living in the home you bought together?If both of you own the home, you’ll need to buy out

your ex-partner. An independent estate agent can value

the home for you. Together you’ll have to come to

agreements on any equity or negative equity in the

home. Your ABN AMRO advisor will be happy to assist

you in all such matters.

Is your ex-partner paying the mortgage interest? If one of you continues to live in the home that the two

of you bought together, there can be vastly different tax

implications. For example, will your ex-partner continue

to pay the full mortgage interest? From a tax perspective,

such payments could be construed as maintenance you

have received. Your Scheidingsexpert mediator can give

you more information about this and ensure that

everything is reported correctly on your income tax return.

Transferring the mortgage to one of youYour advisor will be happy to determine the financial

viability of such an arrangement for you or your partner.

Bear in mind that this may not be possible if, for instance,

▶ it will take two incomes to continue to pay off the

mortgage. The income of the partner taking over the

mortgage is insufficient.

▶ other debts need to be repaid first. The income of

the partner taking over the mortgage is no longer

sufficient.

More information on divorce and housing?Visit abnamro.nl/scheidenenwonen for more information.

Applying to the NHG

Do you have a mortgage with the National

Mortgage Guarantee Scheme (NHG)? If so,

you may be able to apply to the NHG if the

home has to be sold as a result of the divorce

or dissolution, and the mortgage debt exceeds

the sale proceeds. Your advisor can tell you

more about the requirements.

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Page 15: Divorce and dissolution - ABN AMRO

Do you and your partner have children together?If you have minor children and plan to share custody,

you’ll need to draw up a statement of arrangements for

children, a requirement introduced in the Netherlands in

2009. The statement of arrangements must meet various

minimum requirements, detailing the agreements on

custody, care, education and maintenance. You will also

need each other’s consent when it comes to important

decisions about the children. Your Scheidingsexpert

mediator can advise you on these matters and draw up

the statement of arrangements for you.

What about the children’s right to decide?People often think that children twelve years and older

are allowed to decide for themselves which parent

they want to live with. However, they don’t actually

have that right until they reach the age of majority (in

other words, they have to be at least eighteen years

old). They can, of course, voice their opinion, which

the court will take into account.

What happens to your pension?A divorce or dissolution can have consequences for the

pension you’ve built up. If you’re married or have a civil

partnership, you’ll need to make agreements on this

in the separation agreement. Your Scheidingsexpert

mediator can help you with this.

Are you splitting up, but share a business?This can have a profound effect on your personal

financial situation. Scheidingsexpert also specialises

in giving separation advice to entrepreneurs. Your

ABN AMRO advisor will be happy to put you in touch

with them. Your advisor and your ABN AMRO business

advisor will be happy to answer all your questions

about banking.

Avoid future problems and legal actionMany future changes can be identified at the time of

the divorce or dissolution – for example, a child turning

eighteen, retirement and fluctuations in income. It’s a

good idea to make agreements on these things now

and include them in the separation agreement to avoid

having to go back to court in the future to resolve

potential problems.

Don’t forget to change your will

If you fail to change your will after you split up,

there’s a chance that your ex-partner could still

inherit all or part of your estate in the event of

your death. An up-to-date will can help you avoid

many undesirable situations.

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Who does what?Steps 1. Get expert advice

2. Assess your personal financial situation

3. Draw up the official separation agreement

4. Change existing banking products or request new ones

5. Don’t forget to tie up loose ends

1A. You seek help in obtaining a divorce or dissolution

2A. Start mediation 2B. Gather information 2C. Hold mediation sessions 2D. Assess housing requirements

3. Draw up final agreement 4. Finalise joint products 5. Hold final session, and inform authorities

You’re going your separate ways. What now? What arrangements do you need to make, and who do you turn to for help?

In mediation, you choose to make agreements by mutual consent with the help of a mediator. If Scheidings- expert is guiding you through the process, all your financial, legal and tax matters are also covered.

Your personal, legal and tax information is needed if both of you want to understand what your financial situations will look like after the divorce or dissolution.

The mediator will guide you during these sessions so that both you and your ex-partner can be open and honest and get peace of mind.

Are your housing requirements realistic? If one of you wishes to remain in the home you bought together, the mortgage must be transferred to a single name. Will the bank agree to this?

The agreements are put down on paper, both of you sign the agreement, and the divorce or dissolution is finalised.

Now that you are officially divorced, your banking products can be modified to reflect your new situation.

The divorce is behind you, so now it’s time to dot the i ’s and cross the t ’s.

You... � Tell the children together. This will give them the feeling that you’re both still their parents and will continue to care for them.

� Sit down and make a conscious choice about whether you want an amicable or a contested divorce – you can either proceed together with the help of a mediator, or be at loggerheads with one another, each with your own lawyer.

� Choose a professional, impartial expert, someone who will act in both your interests and who will ensure that the process goes smoothly.

� Don’t act hastily. Don’t make changes to your financial or other affairs before first discussing them with your soon-to-be ex-partner.

� Sign the mediation agreement. � Sign the power of attorney so that

Scheidingsexpert can obtain your financial information from ABN AMRO.

� Gather together all necessary personal, legal and tax information.

� Try to be reasonable with each other and make clear agreements.

� If you choose not to enlist the services of Scheidingsexpert, your first step should be to draw up a separation agreement detailing the transfer of the mortgage to a single name.

� Sign the separation agreement to finalise the agreements you’ve made together.

� Be sure to have your separation agreement handy.

� Make an appointment with an ABN AMRO advisor. If you and your ex-partner owned a home together, you’ll probably have to make one last visit to a civil-law notary after the divorce or dissolution has been granted – to effect the official transfer of the home, for example.

� Check to be sure all changes to your financial situation are in order.

� Inform the relevant authorities, such as the municipality and the power company, of your new situation. Consult the checklist covering what you need to do after a divorce or dissolution.

Your ABN AMRO advisor...

� Ensures that a Scheidingsexpert mediator contacts you at no obligation.

� The bank is not involved in the mediation process. Your ABN AMRO advisor can, however, have a number of banking products opened for you straight away, such as separate current or checking accounts.

� Provides your Scheidingsexpert mediator with your ABN AMRO information if you have signed the power of attorney.

� ABN AMRO is not involved in the mediation process.

� Does not wait until the separation agreement has been finalised to initiate the process using a ‘key elements form’ if you have enlisted the services of Scheidingsexpert.

� Gives you peace of mind by letting you know whether the mortgage is viable or not.

� Discusses the desired mortgage, term and fixed-rate period with you.

� Applies for the desired loan for you.

� ABN AMRO is not involved in drawing up the official separation agreement.

� Changes your joint products to reflect the agreements you’ve made. Examples include closing out joint current or savings accounts or transferring them to a single account holder, and modifying Internet banking authorisations, joint loans or insurance policies.

� Prepares your mortgage application so that it can be executed by a civil-law notary, provided that your separation agreement was drawn up by Scheidingsexpert.

� Discusses your mortgage with you if your separation agreement was not drawn up by Scheidingsexpert. Gives you a definitive answer as to whether your housing requirements are realistic, discusses the desired mortgage, term and fixed-rate period with you, and applies for the desired loan for you.

� Checks whether everything has been satisfactorily finalised.

� Helps you get your financial life back on track as quickly as possible.

� Can give you a clear understanding of your new financial situation on the basis of a financial plan.

Your Scheidings-expert mediator...

� Informs you of the steps to be taken throughout the process.

� Explains the services provided, which are tailored to your personal situation, and tells you how much these cost.

� Checks whether you are eligible for a reimbursement of the costs of mediation by your legal expenses insurer.

� Finds out if you’re entitled to legal aid and files the application.

� Discusses with both of you what your wishes are concerning non-financial issues.

� Discusses with you the agreements made on child care and your individual housing requirements.

� Requests your banking and financial information from ABN AMRO using your power of attorney.

� Gives you a checklist so that you know exactly what information you still need to submit, such as savings account balances with other banks, your prenuptial agreement, will or tax return.

� Shows you what your financial situation will look like after the divorce or dissolution based on your wishes and the agreements you’ve made.

� Shows you how future changes will affect you, and records agreements regarding such changes so that you can avoid potential time bombs. For example, you’re an entrepreneur, so your income fluctuates. Or your children go off to university. And what happens if the spouse required to pay maintenance decides to work more or less, cohabits with a new partner, or retires?

� Discusses your housing requi-rements with the ABN AMRO mortgage advisor at an early stage so you quickly know exactly where you stand.

� Draws up the separation agreement. � Reviews the entire agreement with a second

Scheidingsexpert mediator to ensure that it is accurate.

� Submits the divorce or dissolution petition to the court.

� Arranges for the decree to be filed with the Civil Registry.

� Submits the separation agreement, the court order and the decree to the ABN AMRO advisor.

� Is not involved in making changes to your banking products.

� Can give you a clear understanding of the situation should you or your ex-partner die, and if desired, discusses minimising financial risks with your ABN AMRO advisor.

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Clarity every step of the way.

Page 17: Divorce and dissolution - ABN AMRO

Steps 1. Get expert advice

2. Assess your personal financial situation

3. Draw up the official separation agreement

4. Change existing banking products or request new ones

5. Don’t forget to tie up loose ends

1A. You seek help in obtaining a divorce or dissolution

2A. Start mediation 2B. Gather information 2C. Hold mediation sessions 2D. Assess housing requirements

3. Draw up final agreement 4. Finalise joint products 5. Hold final session, and inform authorities

You’re going your separate ways. What now? What arrangements do you need to make, and who do you turn to for help?

In mediation, you choose to make agreements by mutual consent with the help of a mediator. If Scheidings- expert is guiding you through the process, all your financial, legal and tax matters are also covered.

Your personal, legal and tax information is needed if both of you want to understand what your financial situations will look like after the divorce or dissolution.

The mediator will guide you during these sessions so that both you and your ex-partner can be open and honest and get peace of mind.

Are your housing requirements realistic? If one of you wishes to remain in the home you bought together, the mortgage must be transferred to a single name. Will the bank agree to this?

The agreements are put down on paper, both of you sign the agreement, and the divorce or dissolution is finalised.

Now that you are officially divorced, your banking products can be modified to reflect your new situation.

The divorce is behind you, so now it’s time to dot the i ’s and cross the t ’s.

You... � Tell the children together. This will give them the feeling that you’re both still their parents and will continue to care for them.

� Sit down and make a conscious choice about whether you want an amicable or a contested divorce – you can either proceed together with the help of a mediator, or be at loggerheads with one another, each with your own lawyer.

� Choose a professional, impartial expert, someone who will act in both your interests and who will ensure that the process goes smoothly.

� Don’t act hastily. Don’t make changes to your financial or other affairs before first discussing them with your soon-to-be ex-partner.

� Sign the mediation agreement. � Sign the power of attorney so that

Scheidingsexpert can obtain your financial information from ABN AMRO.

� Gather together all necessary personal, legal and tax information.

� Try to be reasonable with each other and make clear agreements.

� If you choose not to enlist the services of Scheidingsexpert, your first step should be to draw up a separation agreement detailing the transfer of the mortgage to a single name.

� Sign the separation agreement to finalise the agreements you’ve made together.

� Be sure to have your separation agreement handy.

� Make an appointment with an ABN AMRO advisor. If you and your ex-partner owned a home together, you’ll probably have to make one last visit to a civil-law notary after the divorce or dissolution has been granted – to effect the official transfer of the home, for example.

� Check to be sure all changes to your financial situation are in order.

� Inform the relevant authorities, such as the municipality and the power company, of your new situation. Consult the checklist covering what you need to do after a divorce or dissolution.

Your ABN AMRO advisor...

� Ensures that a Scheidingsexpert mediator contacts you at no obligation.

� The bank is not involved in the mediation process. Your ABN AMRO advisor can, however, have a number of banking products opened for you straight away, such as separate current or checking accounts.

� Provides your Scheidingsexpert mediator with your ABN AMRO information if you have signed the power of attorney.

� ABN AMRO is not involved in the mediation process.

� Does not wait until the separation agreement has been finalised to initiate the process using a ‘key elements form’ if you have enlisted the services of Scheidingsexpert.

� Gives you peace of mind by letting you know whether the mortgage is viable or not.

� Discusses the desired mortgage, term and fixed-rate period with you.

� Applies for the desired loan for you.

� ABN AMRO is not involved in drawing up the official separation agreement.

� Changes your joint products to reflect the agreements you’ve made. Examples include closing out joint current or savings accounts or transferring them to a single account holder, and modifying Internet banking authorisations, joint loans or insurance policies.

� Prepares your mortgage application so that it can be executed by a civil-law notary, provided that your separation agreement was drawn up by Scheidingsexpert.

� Discusses your mortgage with you if your separation agreement was not drawn up by Scheidingsexpert. Gives you a definitive answer as to whether your housing requirements are realistic, discusses the desired mortgage, term and fixed-rate period with you, and applies for the desired loan for you.

� Checks whether everything has been satisfactorily finalised.

� Helps you get your financial life back on track as quickly as possible.

� Can give you a clear understanding of your new financial situation on the basis of a financial plan.

Your Scheidings-expert mediator...

� Informs you of the steps to be taken throughout the process.

� Explains the services provided, which are tailored to your personal situation, and tells you how much these cost.

� Checks whether you are eligible for a reimbursement of the costs of mediation by your legal expenses insurer.

� Finds out if you’re entitled to legal aid and files the application.

� Discusses with both of you what your wishes are concerning non-financial issues.

� Discusses with you the agreements made on child care and your individual housing requirements.

� Requests your banking and financial information from ABN AMRO using your power of attorney.

� Gives you a checklist so that you know exactly what information you still need to submit, such as savings account balances with other banks, your prenuptial agreement, will or tax return.

� Shows you what your financial situation will look like after the divorce or dissolution based on your wishes and the agreements you’ve made.

� Shows you how future changes will affect you, and records agreements regarding such changes so that you can avoid potential time bombs. For example, you’re an entrepreneur, so your income fluctuates. Or your children go off to university. And what happens if the spouse required to pay maintenance decides to work more or less, cohabits with a new partner, or retires?

� Discusses your housing requi-rements with the ABN AMRO mortgage advisor at an early stage so you quickly know exactly where you stand.

� Draws up the separation agreement. � Reviews the entire agreement with a second

Scheidingsexpert mediator to ensure that it is accurate.

� Submits the divorce or dissolution petition to the court.

� Arranges for the decree to be filed with the Civil Registry.

� Submits the separation agreement, the court order and the decree to the ABN AMRO advisor.

� Is not involved in making changes to your banking products.

� Can give you a clear understanding of the situation should you or your ex-partner die, and if desired, discusses minimising financial risks with your ABN AMRO advisor.

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Page 18: Divorce and dissolution - ABN AMRO

18

Collaboration with ScheidingsexpertABN AMRO works with Scheidingsexpert Nederland

to provide advice and mediation services for those

seeking a divorce or dissolution. For more information

about the services provided by Scheidingsexpert

Nederland, please visit scheidingsexpert.nl/abnamro,

or phone 088 - 831 23 20.

Impartial and professional The Scheidingsexpert approach is based on impartiality

and expertise. Impartiality is ensured by the fact that

Scheidingsexpert is in no way involved in selling

financial products and earns no commission from

financial institutions.

All Scheidingsexpert mediators are registered with the

Register Financieel Echtscheidingsadviseurs (Financial

Divorce Advisors’ Register), with the Mediatorsfederatie

Nederland (Mediators’ Federation of the Netherlands),

having earned certification in family mediation, and with

the Raad voor Rechtsbijstand (Legal Aid Board). You may

be entitled to legal aid. If so, your Scheidingsexpert

mediator will tell you more about this and apply for aid

on your behalf.

Checklist

What do you need to do after a divorce or dissolution? Apply for housing and care benefits

Apply for/modify childcare benefit

Request/amend provisional tax assessments

Apply for/modify child-related budget

Change health insurance

See to family coverage liability insurance

See to other non-life insurance policies

No-claims bonus car insurance

Contact National Vehicle and Driving Licence

Registration Authority to transfer number plates

Deregister from the Persons Database to

qualify for child-related budget

Make name changes to passport

Change passwords known by your ex-partner

Change your will

Page 19: Divorce and dissolution - ABN AMRO

Always reachable by phoneWe’re available by phone day or night. Phone 0900 - 0024*

twenty-four hours a day, seven days a week.

BranchesFor questions about our products and services, you can

also stop in at one of our branches.

Brochures You can obtain our brochures from any ABN AMRO

branch or by phoning 0900 - 0024*.

* Calls are charged at your service provider’s standard rate. The cost of the call depends on your service provider.

Internet

Visit abnamro.nl for detailed information about

our products and services. You can also find us

twenty-four hours a day, seven days a week

on Twitter, Facebook and LinkedIn. Follow us

for news on the latest developments, handy

tips and special offers. You can also make

suggestions and put questions to us. In most

cases, we can resolve your problems right away.

ABN AMRO can be reached in various ways, twenty-four hours a day, seven days a week.

Information and advice

19

Page 20: Divorce and dissolution - ABN AMRO

About ABN AMROABN AMRO Bank N.V. has its registered office at Gustav Mahlerlaan 10, 1082 PP Amsterdam (the Netherlands). Tel.: 0900 - 0024*. Internet: abnamro.nl

ABN AMRO Bank N.V. holds a banking licence from De Nederlandsche Bank N.V. (the Dutch central bank), the Autoriteit Financiële Markten (AFM – Authority for the Financial Markets) and the European Central Bank. ABN AMRO Bank N.V. may act as a provider of payment, savings and credit products; as an intermediary for payment, savings, credit and insurance products; and as an investment firm for all investment services and activities and related services.

Information about ABN AMRO Bank N.V.’s complaints procedure and the dispute resolution bodies to which ABN AMRO Bank N.V. is affiliated is available from abnamro.nl/klachtenregeling or by calling 0900 - 0024*.

ABN AMRO Bank N.V. is subject to the Investor Compensation Scheme and the Deposit Guarantee Scheme. You can find further information about this at abnamro.nl/garantieregeling or you can request it by phoning 0900 - 0024.

ABN AMRO Bank N.V. is registered with the Commercial Register of the Amsterdam Chamber of Commerce no. 34334259. VAT registration number: NL 820646660B01.

About this brochureThis brochure provides general information only and has not been tailored to your personal situation. Please note that the brochure does not advise you to act or refrain from acting. Any decisions you make based on this information will be at your own risk.

We have attempted to use reliable sources to create this brochure, but cannot guarantee that all information is correct, complete or up to date.

ABN AMRO is the copyright holder.

This brochure is intended for our customers in the Netherlands. We cannot guarantee that the information in the brochure is valid in other countries.

* Calls are charged at your service provider’s standard rate. The cost of the call depends on your service provider.