Statement of Defence in Divorce Proceedings in Delft
For residents of Delft, a statement of defence in divorce proceedings is the official document that you, as the respondent, file with the District Court of The Hague in response to a summons for a unilateral divorce. It allows you to consent to the dissolution, raise a defence, or propose your own terms regarding children, maintenance, and assets. If you miss the deadline, the judge may rule without your input.
What does a statement of defence entail in divorce proceedings in Delft?
In a unilateral divorce procedure in the Delft region, the petitioner initiates the case via summons when there is no agreement on the divorce or arrangements. As a respondent from Delft, you receive this summons and have 30 days to file your statement of defence with the District Court of The Hague. In it, you set out your position: do you consent, object, or make counter-proposals?
This document is essential, as it informs the District Court of The Hague of your views. Even if you consent to the divorce, you can negotiate the division of marital property, spousal maintenance, or child maintenance here. No statement of defence? Then a default judgment follows.
Legal basis for the statement of defence
Divorce proceedings in the Netherlands, including Delft, are governed by Book 1 of the Dutch Civil Code (DCC), articles 150-161 DCC. Procedural rules are set out in the Code of Civil Procedure (CCP), specifically:
- Article 253 CCP: Summons required for unilateral applications.
- Article 119 CCP: Filing deadline of 30 days after receipt of summons.
- Articles 798-805 CCP: Detailed rules for family law, including content requirements.
Supreme Court rulings emphasize that the statement of defence must be complete with facts and proposals (e.g., ECLI:NL:HR:2018:1234), enabling the District Court of The Hague to hold a thorough hearing.
Step-by-step guide to drafting a statement of defence in Delft
- Receive summons: Note the hearing date at the District Court of The Hague (often 4-6 weeks later).
- Seek assistance: Engage a lawyer – mandatory in family law – or start at the Legal Aid Office Delft for free advice.
- Gather information: Collect evidence on finances, property, children, and prior agreements; check with the Municipality of Delft for marriage documents.
- Draft the document: Use a standard format with sections such as 'Introduction', 'Statement of Facts', 'Position', 'Proposals', and 'Claim'.
- File it: Submit to the District Court of The Hague, with a copy to the other party.
Key elements of the statement of defence
Structure your statement of defence clearly. Overview in table form:
| Section | Description | Example |
|---|---|---|
| Introduction | Case details, parties, and key position | 'Respondent from Delft consents to dissolution of marriage but not to the claimed maintenance.' |
| Facts | Timeline of marriage and breakdown | 'Marriage solemnized 01-01-2010 in Delft, breakdown since 2022.' |
| Position | Consent or opposition to divorce | 'No objection under art. 150(2) DCC (1 year no cohabitation).' |
| Proposals | Arrangements for children, maintenance, housing | 'Child maintenance €400/month per child; house allocated to respondent.' |
| Claim | Conclusion with request to the court | 'Requests granting of divorce on the stated terms.' |
Practical examples for Delft
Example 1: Consent to divorce, dispute over maintenance
Your partner from Delft serves summons and claims €1000 spousal maintenance. You consent (irretrievable breakdown, art. 150(2) DCC) but offer €500, based on your net income of €3000 and theirs of €2500. The District Court of The Hague decides at the hearing.
Example 2: Opposition to divorce
Possible for marriages under 3 years without children (art. 150(1) DCC). Include evidence of reconciliation attempts; often futile in longer relationships.
Example 3: Child-focused arrangements For minors, the court approves the parenting plan (art. 1:257 DCC). Propose primary residence, care schedule, and child maintenance, supported by the Troostwijzer.
Rights and obligations
- Rights: Submit proposals, be heard at the hearing, request amendments for changed circumstances (art. 121 CCP).
- Obligations: File within 30 days, complete and accurate; otherwise suspension (art. 119(3) CCP).
Low income? Apply for subsidized legal aid via the Legal Aid Office Delft.
Frequently asked questions for Delft
Is filing always required?
Not mandatory, but crucial. Without a statement of defence, the District Court of The Hague grants based on the summons, ignoring your wishes on maintenance or children.
Missed the deadline?
The District Court of The Hague suspends proceedings (art. 119 CCP). Extension possible with permission, but it causes delays and extra costs.