Statement of Defence in Family Law Proceedings at Rotterdam District Court
A statement of defence in family law is the respondent's written response to a unilateral petition in family law proceedings, such as divorces in Rotterdam. It allows residents of Rotterdam to consent, raise a defence or make their own claims. This document is essential to protect your rights before the Rotterdam District Court.
Why file a statement of defence at Rotterdam District Court?
In family law cases in Rotterdam, such as a unilateral divorce petition, the petitioner files a petition with the Rotterdam District Court. After service, you as the respondent have six weeks to respond. If you miss this deadline, the judge may conclude the proceedings without an oral hearing and grant the petition, potentially to your disadvantage.
A statement of defence allows you to proactively defend your position. For example:
- Consent to the divorce, but on your own terms.
- Counterarguments, such as lack of substantiation.
- Submitting additional claims, such as spousal or child maintenance.
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: Must be filed with the Rotterdam District Court within six weeks of service.
- Art. 806 Rv: Contains defence conclusions and any counterclaims.
- Art. 807 Rv: Petitioner must file a reply.
This is typically followed by a hearing. These rules ensure a fair process, with due regard for children and parties involved in Rotterdam.
What should a statement of defence at Rotterdam District Court contain?
This formal document is prepared by you or your lawyer. Contents:
- Preliminary details: Names, addresses, case number, date of service.
- Defence arguments: Your position on the petition, with reasons and evidence.
- Own conclusions: E.g., determination of maintenance (art. 1:157 CC for children).
- Exhibits: Financial documents or emails.
- Signature: Yours and/or your lawyer's.
Example structure of a statement of defence:
| Section | Content | Example |
|---|---|---|
| Introduction | Parties and case | "Respondent: Jan Jansen, residing in Rotterdam, case RC/XXXXXXXX at Rotterdam District Court" |
| Defence | Counterarguments | "Divorce petition does not comply with art. 150 Rv" |
| Own claim | Maintenance request | "Set spousal maintenance at €500/month" |
| Conclusion | Summary | "Dismiss petition, grant own claim" |
Practical examples for Rotterdam residents
Example 1: Divorce
Your partner files a unilateral divorce petition at Rotterdam District Court. You consent (art. 28:1(1)(b) GW), but claim maintenance based on incomes (art. 1:157 CC). No statement of defence? You may get no maintenance.
Example 2: Parental authority
In joint parental authority termination cases, raise a defence with evidence of child involvement. Primarily dismissal, alternatively sole authority (art. 1:251 CC).
Example 3: Maintenance dispute
Petitioner claims zero maintenance. With a statement of defence and payslips, you secure a better amount.
Rights and obligations regarding the statement of defence
Rights:
- Oral hearing if defence is filed (art. 808 Rv).
- Legal aid via Rotterdam Legal Aid Office for low-income cases.
- Submit evidence and witnesses.
Obligations:
- File within six weeks (art. 805 Rv), or risk default judgment.
- Provide full information, including on children (art. 1:377a CC).
- €90 court fee (2024).
Frequently asked questions for Rotterdam
Can I draft a statement of defence myself without a lawyer?
Yes, for simple cases, but consult Rotterdam Legal Aid Office for complex family law matters. A lawyer will optimise your case.
Missed the deadline?
Request reinstatement (art. 48 Rv) with valid reason, such as illness. Otherwise, Rotterdam District Court decides without you.
Always defend in divorce?
Not mandatory, but add claims for maintenance or division via Municipality of Rotterdam support.
How long after filing?
4-8 weeks to hearing at Rotterdam District Court, judgment shortly after. Total 3-6 months.
Tips for Rotterdam residents
Make your statement of defence strong:
- Contact Rotterdam Legal Aid Office for free advice and lawyer referral.
- Gather evidence: payslips, care documents, messages.
- Try mediation via Municipality of Rotterdam to avoid court (mediation).