Family law: descent law, relationship property law and maintenance law

Familie fotoportret, foto: Charisse Kenion via Unsplash

Relationships have many legal consequences. The most important consequences are regulated in family law. The law on property relations and maintenance law are subjects that are of interest to the legislator; recently, the matrimonial property law has been amended and the right to partner maintenance has also been substantially modified by new legislation. Social changes have provided the catalyst for the legislator to take action. However, the fundamental question remains as to whether the way in which family law now deals with relationships is still up to date.

Evelien van Wijk-Verhagen focuses on the consideration of reasonableness and fairness in matrimonial property law and the division of property upon divorce. This research examines the applications of this standard in published case law and helps professionals with its application.

In her research, Wendy Schrama focuses on the question of whether the way in which relationship law is now structured in the Netherlands and Europe contributes to the objectives of this law. This is an issue for which the legal theoretical expertise of Jet Tigchelaar comes in handy. Wendy Schrama specialises in the legal position of unmarried cohabiting couples in Dutch law and beyond.

Alimony law is a theme that has been on the political agenda continuously for the past ten years. UCERF has no fewer than four experts in this field, all of whom wrote their dissertation on maintenance. Jet Tigchelaar researched, from a legal-theoretical and political-scientific perspective, the role of care and autonomy in maintenance law, while Bregje Dijksterhuis did this from an empirical-sociological approach, namely concerning the creation and operation of national judicial maintenance standards. Naomi Spalter wrote her dissertation on the foundations of partner maintenance. Merel Jonker focused on comparative law research into child support.