What is a nihil clause maintenance?
A **nihil clause maintenance** is a legal agreement in which an ex-partner explicitly waives the right to maintenance (spousal support). This means that the partner who would normally be able to claim maintenance consciously and in writing waives this right. In the Delft region, district of the District Court of The Hague, this is often included in divorce settlement agreements. The nihil clause may concern partner maintenance or child maintenance, but usually relates to ex-partner maintenance. Consult the Juridisch Loket Delft for personal advice before signing.
Important: A nihil clause is not always valid and can be challenged at the District Court of The Hague. Seek legal assistance in Delft.
When does a nihil clause maintenance occur in Delft?
In Delft and surroundings, a nihil clause is often recorded in a divorce settlement agreement for proceedings at the District Court of The Hague. This occurs, for example, if:
- Financial independence: Both partners in Delft have sufficient income or assets, without dependency.
- Asset division: After an asset settlement in the region, as part of the divorce.
- Preventing long-term obligations: Partners in Delft want to definitively end future maintenance claims.
- Separation of interests: Clear delineation of financial claims post-divorce at the District Court of The Hague.
Legal basis at the District Court of The Hague
Based on the Civil Code (BW) and case law, relevant for Delft (district The Hague):
- Art. 1:121 BW: Freedom of contract, provided it is not contrary to law or public morals.
- Art. 1:122 BW: Must be fair; unfair clauses are null and void at the District Court of The Hague.
- Art. 1:123 BW: Performance is obligatory, unless mistake or coercion.
- Art. 1:240 BW: Voidable in case of abuse, as ruled in Supreme Court judgments.
The Supreme Court requires that nihil clauses be entered into voluntarily and knowingly, without unfair outcome. In Delft, you can go to the District Court of The Hague (Delft-relevant location) or the Juridisch Loket Delft for review.
How does it work in practice in Delft?
The nihil clause must be in writing recorded in the settlement agreement and approved by the judge at the District Court of The Hague. Examples from Delft practice: in case of equal income or compensation via property division. Modification possible in case of changed circumstances (art. 1:404 BW). Contact Juridisch Loket Delft for free initial advice or a mediator in the region. Note: child maintenance is rarely nihil, priority at the District Court of The Hague.
Consequences and tips for Delft residents
A valid nihil clause binds the parties definitively, but can be reviewed in case of essential changes (see case law). Tips:
- Always consult a lawyer or Juridisch Loket Delft.
- Ensure clear motivation in the settlement agreement.
- Consider notarial recording for extra certainty.
For divorce proceedings in Delft: start at the District Court of The Hague. Address Juridisch Loket Delft: [fill in branch address].