Statement of Defence in Family Law Proceedings at Rechtbank Den Haag
A family law defence statement Den Haag is the respondent's written reply to a unilateral petition in family law cases, such as divorces at Rechtbank Den Haag. It enables you to consent, raise objections or submit your own claims. This document is crucial for safeguarding your rights in the Den Haag region.
Why File a Statement of Defence at Rechtbank Den Haag?
In family law proceedings at Rechtbank Den Haag, such as a unilateral divorce petition, the petitioner files a petition. After service, you as respondent have six weeks to submit a statement of defence. Missing this deadline may allow the judge to rule without an oral hearing and grant the petition, potentially to your detriment in Den Haag.
A statement of defence lets you proactively protect your position. Consider:
- Consenting to the divorce but attaching your own conditions.
- Raising counterarguments, for example due to lack of substantiation.
- Submitting your own claims regarding spousal or child support.
Legal Basis for the Statement of Defence
Family law proceedings are governed by the Code of Civil Procedure (Rv), Book 1, Section 12 (arts. 798-811 Rv). Key provisions:
- Art. 805(1) Rv: File within six weeks of service at Rechtbank Den Haag.
- Art. 806 Rv: Including defences and any counterclaims.
- Art. 807 Rv: Followed by the petitioner's reply.
This is typically followed by a hearing. These rules ensure a fair process, with due regard for children's interests and parties in the Den Haag region.
Contents of a Statement of Defence
The statement of defence is an official document, drafted by yourself or a lawyer. It includes:
- Introduction: Party details, address, case number and service date.
- Defences: Your position on the petition, supported by arguments and evidence.
- Counterclaims: For example, support claims (art. 1:157 BW for children).
- Exhibits: Documents such as income statements or emails.
- Signature: Yours and/or the lawyer's.
Example Structure of a Statement of Defence:
| Section | Content | Example |
|---|---|---|
| Introduction | Parties and case | "Respondent: Jan Jansen, residing in Den Haag, case C/13/XXXXX at Rechtbank Den Haag" |
| Defence | Counterarguments | "The divorce petition does not comply with art. 150 Rv" |
| Counterclaim | Support | "Set spousal support at €500 per month" |
| Conclusion | Closing | "Dismiss the petition and grant the counterclaim" |
Practical Examples in Family Law Den Haag
Example 1: Divorce
Your partner files a unilateral divorce petition at Rechtbank Den Haag. You consent (art. 28:1(1)(b) GW), but claim spousal support based on incomes and needs (art. 1:157 BW). Without a statement of defence, no chance of approval.
Example 2: Parental Authority
In a parental authority termination petition, you defend with evidence of your involvement with the child. Primarily seek dismissal, alternatively your own authority (art. 1:251 BW).
Example 3: Support Dispute
Petitioner claims no support; you counter with financial evidence for higher amounts.
Rights and Obligations
Rights:
- Oral hearing upon defence (art. 808 Rv).
- Legal aid via subsidised counsel if low income; check Juridisch Loket Den Haag.
- Submitting evidence and witnesses.
Obligations:
- File within six weeks (art. 805 Rv).
- Provide full child information (art. 1:377a BW).
- Court fee €90 (2024).
Frequently Asked Questions
Can I draft a statement of defence without a lawyer?
Yes, but first consult Juridisch Loket Den Haag for free assistance. Complex cases require a specialist.
Missed the deadline?
Possible remedy (art. 48 Rv) with valid reason, such as illness.
Always defend in a divorce?
No, but always raise support or division claims.
How long after filing?
4-8 weeks to hearing, judgment soon after; total 3-6 months.
Tips for Den Haag
For success:
- Lawyer or Juridisch Loket Den Haag: Free advice at Laan van Wateringsveld 407 or online.
- Gather evidence: payslips, care documents, messages.
- Try mediation via Gemeente Den Haag to avoid proceedings (med).