Increased Risk Of Abuse Due To Lack Of Legal Knowledge Or Vulnerable Position For Lack Of Command Of The Dutch Language

In her complaint the complainant claims (¶ 3.3) that the notary failed to write her prenuptial agreement correctly and failed to inform her properly about the agreement. She claims the notary’s conduct was not as expected from an impartial and independent notary. The complainant states that the notary failed to inform her properly about the legal impact of the prenuptial agreement and about her rights under Netherlands law. She adds that when she signed the agreement over a decade ago, she was given a version of the document in the Dutch language and she was asked to sign it immediately. When she asked for a translation in English, the notary told her there was none available. Because the prenuptial agreement was written in Dutch, she couldn’t understand the text. What’s more, she didn’t have any attorney present to represent her. At the time, the notary himself gave her an informal and improvised oral translation of the document. According to the notary, there wasn’t enough time to order a translation before the wedding date, because they wouldn’t have enough time to register their marriage. The complainant claims she felt pressed to sign the document. She never received any copy the prenuptial agreement either. She states that the notary wasn’t impartial, in part because he had to make sure the parties were aware of what they were about to sign, but he failed to do so. However, the complaint was dismissed because the statute of limitations had run.

Note that the complaint was dismissed not on its merits but because of the statute of limitations. The lady’s complaints aren’t the first and won’t be the last, because in the Netherlands racism and discrimination are serious problems that very often arise at work, notary’s offices, courts, board of ethics, and law enforcement etc. It’s very common to hear that, as in this case, someone felt and was under the impression that the notary or judge was not impartial. If you’re not Dutch and it’s obvious either because of your skin color or your accent or because you don’t speak the language or any other reason, the way they will treat will be very different from the way they treat their own people. Obviously, some have a very clear interest in denying racism and discrimination exist in the Netherlands, even if they’re subject to it but they don’t want to lose their job or because they have some other personal interest. The reality is very crude, however. It’s not for no reason that the word “apartheid”, the government policy of racial segregation, is a Dutch word.

Accordingly, the case of the lady who felt harmed by the Dutch notary’s lack of impartiality is very common. There are ways to prevent from ending up in this type of situations where the lady is the only non-Dutch who has to sign a document with very serious consequences against her self-interest but who doesn’t know what to do because she can’t speak the language and depends on a Dutch person (her ex).

Accordingly, the case of the lady who felt harmed by the Dutch notary’s lack of impartiality is very common. There are ways to prevent from ending up in this type of situations where the lady is the only non-Dutch who has to sign a document with very serious consequences against her self-interest but who doesn’t know what to do because she can’t speak the language and depends on a Dutch person (her ex).

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