Divorce Nesting Agreement Template for Netherlands

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Key Requirements PROMPT example:

Divorce Nesting Agreement

I need a Divorce Nesting Agreement for a family home in Amsterdam, where my ex-spouse and I will alternate weekly residence starting March 2025, with specific provisions for our three school-age children and clear guidelines for maintaining two separate external apartments.

Document background
The Divorce Nesting Agreement is a specialized legal instrument used in the Netherlands when divorcing parents choose to maintain stability for their children by keeping them in the family home while the parents alternate residing there. This arrangement, known in Dutch as "vogelnestarrangement," has gained recognition as an alternative to traditional custody arrangements. The document is crucial when parents want to prioritize their children's wellbeing by minimizing disruption to their daily lives during and after divorce proceedings. It addresses various aspects including property usage, financial arrangements, scheduling, and parental responsibilities, all within the framework of Dutch family law. The agreement needs to comply with the Dutch Civil Code and should be drafted with consideration of both immediate practical needs and long-term sustainability. This type of agreement is particularly relevant in cases where parents can maintain an amicable relationship and share financial resources to maintain multiple residences.
Suggested Sections

1. Parties: Identification of both parents entering into the nesting agreement

2. Background: Context of the divorce and decision to implement a nesting arrangement

3. Definitions: Key terms used throughout the agreement including 'Nesting Period', 'Family Home', 'Rotation Schedule', etc.

4. Purpose and Principles: Establishes the primary goal of the nesting arrangement and guiding principles for co-parenting

5. Duration of Agreement: Specifies the intended length of the nesting arrangement and conditions for review/termination

6. Residence Arrangements: Details about the family home and any secondary residences used by parents during off-duty periods

7. Parenting Schedule: Core rotation schedule for parents' time in the family home with children

8. Financial Responsibilities: Division of costs related to the family home, utilities, and children's expenses

9. Household Maintenance: Responsibilities for home maintenance, cleaning, and household management

10. Communication Protocol: Guidelines for parent-to-parent communication and decision-making

11. Dispute Resolution: Process for resolving disagreements about the nesting arrangement

12. Termination Provisions: Circumstances and procedures for ending the nesting arrangement

Optional Sections

1. Special Needs Provisions: Additional arrangements for children with special needs or medical requirements

2. New Partner Guidelines: Rules regarding new partners' presence in the family home during nesting periods

3. Emergency Protocols: Specific procedures for medical or other emergencies during nesting periods

4. Property Division Implications: How the nesting arrangement affects or relates to overall property division

5. Tax Considerations: Special tax arrangements related to maintaining multiple residences

6. Insurance Requirements: Specific insurance needs for the nesting arrangement

7. Relocation Provisions: Procedures if one parent needs to relocate for work or other reasons

8. Technology Use: Guidelines for shared calendars, communication apps, and other technology tools

Suggested Schedules

1. Schedule A - Rotation Calendar: Detailed calendar showing parent rotation schedule, including holidays and special occasions

2. Schedule B - Expense Allocation: Detailed breakdown of shared expenses and payment responsibilities

3. Schedule C - Home Inventory: Inventory of furniture and items remaining in the family home

4. Schedule D - Contact Information: Emergency contacts, medical providers, and other important contact information

5. Schedule E - House Rules: Specific rules for maintaining the family home and children's routines

6. Appendix 1 - Maintenance Schedule: Calendar for regular home maintenance tasks and responsibilities

7. Appendix 2 - Budget Template: Template for tracking and dividing shared expenses

8. Appendix 3 - Communication Log: Template for documenting important communications and decisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Real Estate

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Financial Advisory

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Family Law Attorney

Divorce Mediator

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Family Court Judge

Notary

Real Estate Agent

Financial Advisor

Family Therapist

Child Psychologist

Social Worker

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Insurance Advisor

Family Law Paralegal

Court Clerk

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