Statement of Defence in Family Law for Westland
A statement of defence in family law Westland is the written response by the respondent to a unilateral petition in family law cases, such as divorces in the Westland region. It allows you to agree, object, or submit your own requests. This document is essential for protecting your rights at the Westland District Court.
Why file a statement of defence in Westland?
In family law proceedings in Westland, such as a unilateral divorce petition, the petitioner files a petition with the Westland District Court. After service, you as the respondent have six weeks to respond with a statement of defence. If you miss this deadline, the judge may handle the case without a hearing and grant the petition, which could adversely affect your situation in Westland.
With a statement of defence, you proactively defend your position. Consider:
- Agreeing to the divorce but raising your own demands.
- Objecting to the petition, for example due to lack of substantiation.
- Submitting your own requests, such as spousal or child support.
Legal basis for the statement of defence
The rules for family law proceedings are set out in the Code of Civil Procedure (Rv), Book 1, Section 12 (arts. 798 to 811 Rv). Key provisions:
- Art. 805(1) Rv: File within six weeks of service with the Westland District Court.
- Art. 806 Rv: Contains your defence conclusions and any counter-requests.
- Art. 807 Rv: The petitioner must file a reply.
This is typically followed by a hearing. This structure ensures a fair resolution, with due regard for children and parties involved in Westland.
What should a statement of defence for Westland contain?
This formal document is prepared by you or your lawyer. Contents:
- Introduction: Party details, address, case number, service date.
- Defence conclusions: Your position on the petition, with reasoning and evidence.
- Counter-conclusions: Requests such as determination of support (art. 1:157 CC for child support).
- Attachments: Documents like income statements or emails.
- Signature: Yours and/or your lawyer's.
Example structure of a statement of defence Westland:
| Section | Content | Example |
|---|---|---|
| Introduction | Parties and case | "Respondent: Jan Jansen, residing in Naaldwijk, in case C/13/XXXXX at Westland District Court" |
| Defence | Counterarguments | "The divorce petition does not comply with art. 150 Rv" |
| Counter-request | Support claim | "Determine spousal support of €500 per month" |
| Conclusion | Closing | "Dismiss the main petition and grant the counterclaim" |
Practical examples family law Westland
Example 1: Divorce
Your partner petitions for divorce at the Westland District Court. You agree but claim spousal support. In the statement of defence, you consent (art. 28:1(1)(b) GW), basing the claim on incomes in the Westland horticultural economy (art. 1:157 CC). No statement? No support chance.
Example 2: Parental authority
In a parental authority termination petition, you defend with evidence of your role with the child. Primarily dismissal, subsidiarily your own authority request (art. 1:251 CC).
Example 3: Support dispute
Petitioner claims no support. Your statement with Westland payslips leads to a more generous award.
Rights and obligations for statement of defence Westland
Rights:
- Hearing upon defence (art. 808 Rv) at Westland District Court.
- Legal aid via Het Juridisch Loket Westland for low income.
- Submit evidence and witnesses.
Obligations:
- File within six weeks (art. 805 Rv).
- Provide full information, including on children (art. 1:377a CC).
- Court fee €90 (2024).
Frequently asked questions Westland
Can I draft a statement of defence myself without a lawyer?
Yes, possible in simple cases, but consult Het Juridisch Loket Westland for advice. A specialist maximises success.
Missed the deadline, what now?
Request restoration (art. 48 Rv) with valid reason, such as illness. Otherwise, Westland District Court decides without you.
Always defend in divorce?
No, consent is fine, but add claims for support or division.
How long after statement of defence?
4-8 weeks to hearing at Westland District Court, judgment soon after. Total 3-6 months.
Tips for Westland residents
For a strong statement of defence:
- Contact Het Juridisch Loket Westland: Free initial advice and referral to local lawyers.
- Gather evidence: Payslips, care documents, messages.
- Try mediation via Municipality of Westland: Can speed up proceedings (mediation Westland).