Statement of Defence in Family Law for Residents of Delft
A statement of defence in family law is the respondent's written response to a unilateral petition in family law cases at the District Court of The Hague, such as divorces. It allows residents of Delft to consent, raise objections, or make their own claims. This document is essential for properly protecting your rights in Delft.
Why File a Statement of Defence in Delft?
In family law proceedings in the Delft region, such as a unilateral divorce petition, the petitioner files a petition with the District Court of The Hague. After service, you as the respondent have six weeks to respond with a statement of defence. If you miss this deadline, the court may dispose of the case without an oral hearing and grant the petition, which could harm your interests in Delft.
With a statement of defence, you proactively assert your position. You can, among other things:
- Consent to the divorce but attach your own conditions.
- Raise counterarguments, for example, due to lack of substantiation.
- File your own requests, such as for 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 (art. 798 et seq. Rv). Key provisions for residents of Delft:
- Art. 805(1) Rv: File within six weeks after service with the District Court of The Hague.
- Art. 806 Rv: The document contains defence conclusions and any own conclusions.
- Art. 807 Rv: The petitioner then files a reply.
This is typically followed by a hearing. These frameworks ensure a fair process, with attention to children and parties involved in Delft.
What Should a Statement of Defence for the District Court of The Hague Contain?
This formal document is prepared by you or your lawyer for proceedings in Delft. It includes:
- Preliminary details: Names, addresses, case number, and date of service.
- Defence arguments: Your view on the petition, supported by facts and evidence.
- Own conclusions: Requests such as determination of support (art. 1:157 BW for children).
- Attachments: Documents like income statements or emails.
- Signature: Yours and/or your lawyer's.
Example Structure of a Statement of Defence:
| Section | Content | Example for Delft |
|---|---|---|
| Introduction | Parties and case | "Respondent: Jan Jansen, residing in Delft, case C/09/XXXXX at District Court of The Hague" |
| Defence | Counterarguments | "The divorce petition does not comply with art. 150 Rv" |
| Own request | Support claim | "Determination of spousal support at €500 per month" |
| Conclusion | Closing | "Dismissal of petition, granting of own claim" |
Practical Examples of Family Law in Delft
Example 1: Divorce
Your partner initiates a unilateral divorce at the District Court of The Hague. You consent (art. 28:1(1)(b) GW) but claim support based on income and cost of living in Delft (art. 1:157 BW). Without a response, you have no chance of it being granted.
Example 2: Parental Authority
In a request to terminate parental authority, you defend with evidence of your role as a parent in Delft. Primarily dismissal, subsidiarily your own authority (art. 1:251 BW).
Example 3: Support Dispute
The petitioner claims no support. With your statement of defence and payslips from Delft, you secure a higher award.
Rights and Obligations When Filing a Statement of Defence in Delft
Rights:
- Oral hearing upon defence (art. 808 Rv) at the District Court of The Hague.
- Legal aid if your income is limited; check with the Legal Aid Office in Delft.
- Submit evidence and witnesses.
Obligations:
- Strictly within six weeks (art. 805 Rv).
- Full information on children (art. 1:377a BW).
- Court fee €90 (2024).
Frequently Asked Questions for Residents of Delft
Can I draft a statement of defence myself without a lawyer?
Yes, in simple cases, but consult the Legal Aid Office in Delft for complex matters. A local family law lawyer will optimise your position.
Missed the deadline, what now?
Request restoration (art. 48 Rv) with a valid reason such as illness. Otherwise, the District Court of The Hague will decide without you.
Always defend in a divorce?
Not mandatory, but always include your own claims for support or division, relevant for Delft households.
How long after filing?
4-8 weeks to hearing, judgment shortly after. Total 3-6 months at the District Court of The Hague.
Tips for Residents of Delft
For a strong statement of defence:
- Contact the Legal Aid Office in Delft for free initial advice or a specialised family law lawyer in the area.
- Gather evidence: Payslips, child care documents, messages.
- Consider mediation via the Municipality of Delft; this often avoids proceedings (mediation).