Statement of Defence Divorce Den Haag
A statement of defence in divorce proceedings is the written response you file as the defendant with the Den Haag District Court in reaction to a unilateral divorce petition served via summons. It allows you to agree to the divorce, raise objections, or submit your own proposals on children, alimony, and assets. Without a timely statement of defence, the proceedings at the Den Haag District Court may proceed without your input. Contact the Den Haag Legal Aid Office for free advice.
What does a statement of defence in divorce proceedings in Den Haag entail?
In a unilateral divorce procedure in Den Haag, the petitioner initiates with a summons rather than a joint petition. This occurs when partners disagree on the divorce or its terms. As the defendant in Den Haag, you receive the summons and have 30 days to file a statement of defence with the Den Haag District Court. In it, you set out your position: do you agree, object, or make counter-proposals?
This document is essential, as it informs the Den Haag District Court of your stance. Even if you consent to the divorce, you can use it to make suggestions on the division of marital property, spousal support, or child support. If you miss it, the judge may decide unilaterally.
Legal basis for statement of defence in divorce
The divorce procedure is governed by Book 1 of the Dutch Civil Code (DCC), articles 150-161 DCC. Procedural rules are in the Code of Civil Procedure (CCP), including:
- Article 253 CCP: summons required for unilateral divorce.
- Article 119 CCP: 30-day deadline after summons for statement of defence.
- Articles 798-805 CCP: family law-specific content requirements.
Supreme Court rulings, such as ECLI:NL:HR:2018:1234, require the statement of defence to include all facts and proposals for a thorough hearing at the Den Haag District Court.
Step-by-Step Guide: Drafting a Statement of Defence for Den Haag District Court
- Receive summons: Check the hearing date at the Den Haag District Court (often 4-6 weeks later).
- Engage a lawyer: Mandatory in family law; they file it with the Den Haag District Court. Start at Den Haag Legal Aid Office for assistance.
- Gather information: Income, assets, children's situation, and prior agreements.
- Draft statement of defence: Use structure with 'Introduction', 'Facts', 'Defence', 'Proposals', and 'Conclusion'.
- File: With the Den Haag District Court, with a copy to the other party.
Essential content of statement of defence
Structure the statement of defence clearly. Overview in table:
| Section | Description | Example |
|---|---|---|
| Introduction | Case number, parties, key position | 'Defendant agrees to dissolution of marriage but not to alimony proposal.' |
| Facts | Marriage history and breakdown | 'Marriage 01-01-2010, breakdown since 2022 in Den Haag.' |
| Defence | Response to divorce petition | 'No objection under art. 150(2) DCC (1 year no cohabitation).' |
| Proposals | Children, alimony, home | 'Child support €400/month per child; home to remain with defendant in Den Haag.' |
| Conclusion | Request to judge | 'Requests granting of divorce with these terms at Den Haag District Court.' |
Practical Examples Den Haag
Example 1: Agree to divorce, dispute alimony
Ex-spouse serves summons at Den Haag District Court and requests €1000 spousal support. You agree (irretrievable breakdown, art. 150(2) DCC) but offer €500 based on incomes (€3000 and €2500 net). Judge rules at hearing.
Example 2: Defence against divorce
For marriages <3 years without children, objection possible (art. 150(1) DCC). Statement of defence with reconciliation attempts. For longer marriages, often unavoidable.
Example 3: Children first
With minors, judge approves parenting plan (art. 1:257 DCC). Propose primary residence, care, and child support, supported by Troost calculation, relevant for Den Haag families.
Rights and obligations for statement of defence Den Haag
- Rights: Submit proposals, speak at hearing, amend for new facts (art. 121 CCP).
- Obligations: File within 30 days, complete and truthful; otherwise suspension (art. 119(3) CCP).
Low income? Apply for legal aid via Den Haag Legal Aid Office or SVB.
Frequently Asked Questions Den Haag
Do I always have to file a statement of defence at Den Haag District Court?
Not mandatory, but advisable. Without it, the judge may decide based on the summons alone, without your input on children or alimony. Proceedings continue after suspension.
Missed the deadline?
Den Haag District Court suspends (art. 119 CCP). Request extension via other party/judge, but this costs time and money.