Statement of Defence Divorce Westland
A statement of defence in divorce proceedings is the written document that the respondent files with the Rechtbank Westland in response to a unilateral divorce petition served by summons. It gives Westland residents the opportunity to agree to the divorce, raise objections or make their own proposals regarding children, maintenance and assets. If you miss the deadline, the proceedings may continue without your input.
What does a statement of defence in divorce entail for Westland?
In a unilateral divorce procedure in Westland, the petitioner initiates proceedings with a summons, often when partners disagree on the divorce or its terms. As the respondent, you receive the summons and must file a statement of defence with the Rechtbank Westland within 30 days. In it, you set out your position: do you agree, object or make counter-proposals?
This document is essential, as it informs the Rechtbank Westland of your stance. Even if you consent to the divorce, you can use the statement of defence to negotiate the division of marital property, spousal maintenance or child support. Without filing it, you risk one-sided judicial decisions.
Legal basis for the statement of defence in Westland
Divorce proceedings are governed by Book 1 of the Dutch Civil Code (DCC), articles 150-161 DCC. The procedural rules are set out in the Code of Civil Procedure (CCP), including:
- Article 253 CCP: requires a summons in unilateral divorce cases.
- Article 119 CCP: 30-day deadline after receipt of the summons.
- Articles 798-805 CCP: family law requirements for content and form.
The Supreme Court has ruled that the statement of defence must cover all relevant facts and proposals for proper adjudication (e.g., ECLI:NL:HR:2018:1234). For Westland residents, the competent court is the Rechtbank Westland.
How to prepare a statement of defence for the Rechtbank Westland? Step-by-step guide
- Receive summons: Note the hearing date at Rechtbank Westland (typically 4-6 weeks later).
- Seek assistance: A lawyer is mandatory; start with Juridisch Loket Westland for free advice.
- Gather evidence: Documents relating to income, housing in Westland, children and finances.
- Draft the document: Use a structure with 'Introduction', 'Facts', 'Defence', 'Proposals' and 'Conclusion'.
- File it: Submit to Rechtbank Westland, with a copy to the other party.
Essential content of the statement of defence
Structure the statement of defence clearly. Overview in table:
| Section | Description | Westland Example |
|---|---|---|
| Introduction | Case number, parties, key position | 'Respondent from Westland agrees to the divorce, but not the maintenance proposal.' |
| Facts | Timeline of marriage and breakdown | 'Marriage 01-01-2010, no cohabitation since 2022 in Westland.' |
| Defence | Agreement or opposition to divorce | 'No objection under art. 150(2) DCC (living apart for 1 year).' |
| Proposals | Children, maintenance, home in Westland | 'Child support €400/month per child; house in Municipality of Westland to respondent.' |
| Conclusion | Request to the judge | 'Requests granting of divorce on these terms by Rechtbank Westland.' |
Practical examples for Westland
Example 1: Agreement on divorce, dispute over maintenance
Your partner claims €1000 in spousal maintenance at Rechtbank Westland. You consent (irretrievable breakdown, art. 150(2) DCC) but offer €500 based on your net income (€3000) and theirs (€2500). The judge decides at the hearing.
Example 2: Opposition to divorce
Possible for marriages under 3 years without children (art. 150(1) DCC). Demonstrate reconciliation efforts in your statement of defence to Rechtbank Westland.
Example 3: Children first
Where minors are involved, the judge approves the parenting plan (art. 1:257 DCC). Propose primary residence, care arrangements and child support, backed by calculations. Contact Municipality of Westland for local support.
Rights and obligations for statement of defence in Westland
- Rights: Submit proposals, speak at the hearing, amend in case of changes (art. 121 CCP).
- Obligations: File within 30 days, fully and honestly; failure may lead to suspension (art. 119(3) CCP).
Low income? Apply for subsidized legal aid via Juridisch Loket Westland.
Frequently asked questions Westland
Do I always need to file a statement of defence with Rechtbank Westland?
Not mandatory, but crucial. Without it, the divorce proceeds on the basis of the summons alone, without your input on children or finances.
What if I miss the deadline?
Rechtbank Westland will suspend proceedings (art. 119 CCP). Request an extension via a lawyer or Juridisch Loket Westland, but expect delays and additional costs.