Defence Statement in Divorce Proceedings at Rotterdam District Court
A divorce defence statement is the formal written defence submitted by you as the respondent to the Rotterdam District Court after receiving a summons in a unilateral divorce proceeding. It allows you to consent to the dissolution, raise objections, or propose your own terms on children, spousal and child support, and division of assets. In Rotterdam, timely filing is crucial, or the judge will rule without your input.
What does a defence statement entail in divorce cases in Rotterdam?
In a unilateral divorce proceeding in Rotterdam, the petitioner issues a summons if there is no agreement on the divorce or related arrangements. The Rotterdam District Court handles these cases efficiently. As respondent, you receive the summons and have 30 days to file your defence statement. In it, you set out your position: do you agree to the divorce, object, or make counter-proposals?
This document is key for the Rotterdam District Court, as it clearly states your stance. Even if you consent, use it to provide input on division of matrimonial property, spousal support, or child support. Without a defence statement, you risk a one-sided ruling by the judge.
Legal basis for the defence statement
Divorce proceedings are 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 requests at Rotterdam District Court.
- Article 119 CCP: 30-day deadline after summons for the defence statement.
- Articles 798-805 CCP: family law-specific requirements for content and structure.
Supreme Court rulings, such as ECLI:NL:HR:2018:1234, require the defence statement to include all facts and proposals for a proper hearing at the Rotterdam District Court.
Step-by-Step Guide: Drafting a Defence Statement for Rotterdam District Court
- Receive the summons: Check the hearing date at Rotterdam District Court (often 4-6 weeks later).
- Engage a lawyer or seek assistance: Mandatory in family law; start at Juridisch Loket Rotterdam for free advice or subsidized help.
- Gather documents: Income, assets, children's situation, and prior agreements, possibly via Municipality of Rotterdam.
- Draft the defence statement: Use a structure with 'Introduction', 'Statement of Facts', 'Position', 'Proposals', and 'Request'.
- File it: With the registry of Rotterdam District Court, with a copy to the other party.
Essential contents of a defence statement
The Rotterdam District Court requires a logical structure. Overview in table:
| Section | Description | Example for Rotterdam |
|---|---|---|
| Introduction | Case details, parties, and key position | 'Respondent consents to dissolution of marriage but rejects proposed support.' |
| Facts | Timeline of marriage and breakdown | 'Marriage on 01-01-2010; no cohabitation since 2022 in Rotterdam.' |
| Position | Consent or objection to divorce | 'Consent under art. 150(2) DCC (irretrievable breakdown).' |
| Proposals | Arrangements for children, support, housing | 'Child support €400/month per child; house in Rotterdam to respondent.' |
| Request | Final plea to the court | 'Requests granting of divorce with specified terms at Rotterdam District Court.' |
Practical Examples for Rotterdam Residents
Example 1: Consent to divorce, dispute over support
Your partner serves a summons at Rotterdam District Court claiming €1000 spousal support. You consent (art. 150(2) DCC) but offer €500 given your €3000 net income and theirs of €2500. The judge weighs this at the hearing.
Example 2: Objection to divorce
Possible for marriages <3 years without children (art. 150(1) DCC). Show reconciliation efforts in the defence statement, such as mediation via Juridisch Loket Rotterdam.
Example 3: Children first
For minors, the judge approves the parenting plan (art. 1:257 DCC). Propose primary residence, care schedule, and child support, supported by Troost calculation.
Rights and Obligations in Filing a Defence Statement at Rotterdam District Court
- Rights: Submit proposals, speak at hearing, amendments for new facts (art. 121 CCP).
- Obligations: File within 30 days, complete and truthful; otherwise suspension (art. 119(3) CCP).
Low income? Apply for subsidized legal aid via Juridisch Loket Rotterdam or the Netherlands Council for Legal Aid.
FAQs for Rotterdam
Do I have to file a defence statement at Rotterdam District Court?
Not mandatory, but essential. Without it, the divorce proceeds based on the summons alone, without your input on children or finances. It continues after suspension.
Missed the deadline, what now?
Rotterdam District Court suspends proceedings (art. 119 CCP). Request extension via the other party or court, but expect delays and extra costs.