Separation from Bed and Board Procedure in Rotterdam
The separation from bed and board procedure provides spouses in Rotterdam with a legal option under Dutch family law to live apart without immediately ending the marriage. The marriage remains legally intact, but partners cease living together and no longer share a household. This serves as an alternative to a full divorce, often selected for religious, financial, or personal reasons. In this article, we explore the procedure, legal foundations, and local practices in Rotterdam, building on our general overview of separation from bed and board. For Rotterdam residents, it's recommended to seek personalized advice from local organizations like the Legal Aid Desk Rotterdam.
Legal Basis
The separation from bed and board is outlined in the Dutch Civil Code (BW), specifically in Book 1, Title 6. Key provisions include Article 135 BW for the definition and conditions, and Article 157 BW for the procedure. Unlike divorce, which dissolves the marriage (under Article 150 BW and following), this option maintains the marital bond. This affects inheritance rights and social benefits, which is particularly relevant for Rotterdam residents relying on municipal services from the Municipality of Rotterdam.
In Rotterdam, the petition must be filed with the Rotterdam District Court. The judge verifies conditions such as an irretrievably broken relationship (Article 135(1) BW). Mediation is not mandatory, but the Rotterdam District Court often encourages it through local mediators. Following the ruling, a six-month reflection period begins, similar to divorce (Article 157(3) BW), allowing parties in Rotterdam to reconsider their situation.
The Procedure Step by Step
The separation from bed and board procedure in Rotterdam is handled through the Rotterdam District Court and follows a clear path. Here's a step-by-step guide tailored to local circumstances:
- Preparation and Local Advice: Contact the Legal Aid Desk Rotterdam for free initial guidance, or engage a local family law attorney. Discuss reasons, child arrangements, alimony, and asset division, which are especially important in a vibrant city like Rotterdam where housing through the Municipality of Rotterdam may be involved.
- Filing the Petition: One or both partners submit the request to the Rotterdam District Court, within the Rotterdam district. The document outlines the facts, such as the strained relationship, and specifies any children or assets (Article 157 BW). This is crucial for Rotterdam residents with owned homes in areas like Kralingen or Feijenoord.
- Hearing: The Rotterdam District Court schedules a hearing within weeks. Parties are heard; if they agree, a decision follows immediately. If there's a dispute, a preliminary hearing may occur, potentially involving local witnesses or experts from the area.
- Ruling and Registration: If approved, the separation is registered in the Rotterdam civil registry. The six-month reflection period starts, during which restoration or conversion to divorce is possible, while preserving local inheritance benefits.
- Finalizing Arrangements: Simultaneously, agree on matters like household items, alimony, and child support, often in a settlement agreement endorsed by the court. In Rotterdam, the Municipality of Rotterdam can assist with temporary housing.
The process typically takes 3 to 6 months in Rotterdam, depending on the case. Costs range from €1,000 to €5,000, including court fees of €700 and local attorney expenses.
Practical Examples from Rotterdam
Consider Anna and Bert, married for 15 years with two children in Rotterdam-South. Due to ongoing conflicts, they opt for separation from bed and board because of Anna's religious objections to divorce. Anna secures social housing through the Municipality of Rotterdam and files the petition with the Rotterdam District Court. The judge approves a settlement including Bert's spousal support and shared custody, tailored to Rotterdam's school routes. They live separately but remain married for inheritance purposes.
Another case: Karel and Lisa, childless and financially linked in Rotterdam-West, use this procedure for a temporary pause. They arrange a provisional division with a local notary. After a year, they convert to divorce, with support from the Legal Aid Desk Rotterdam, easing the transition.
These Rotterdam examples illustrate the flexibility of the process but emphasize the need for open communication and local support.
Rights and Obligations
During and after the separation from bed and board procedure in Rotterdam, specific rights and obligations apply:
- Rights: Entitlement to spousal support if there's an income disparity (Article 160 BW). Parents retain joint custody (Article 251 BW). The marriage persists, so inheritance rights and Rotterdam social services remain in effect.
- Obligations: Uphold marital duties such as fidelity and mutual assistance. Exclusive use of the home for one partner (Article 136 BW). Both must cooperate and prioritize children's well-being, with assistance from local agencies.
Crucially: Remarriage requires converting to divorce (Article 135(4) BW), handled through the Rotterdam District Court.
Differences with Divorce
To clarify the separation from bed and board procedure in Rotterdam, we compare it to divorce in this table:
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Marital Status | Remains intact | Is dissolved |
| Procedure Duration | 3-6 months | 6-12 months |
| Reflection Period | 6 months | Required after application |
| Remarriage | Not possible | Possible |
| Inheritance Rights | Remain intact | Cease |
For Rotterdam residents, this offers a gentler approach, with access to local assistance through the Legal Aid Desk Rotterdam.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.