Separation from Bed and Board Procedure in Tilburg

The separation from bed and board procedure provides residents of Tilburg with a legal option under Dutch family law to live apart without immediately dissolving the marriage. The marriage remains formally 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, building on our general overview of separation from bed and board, with a focus on situations specific to Tilburg.

Legal Basis

The separation from bed and board is outlined in the Dutch Civil Code (BW), particularly in Book 1, Title 6. Key provisions include Article 135 BW for definitions and conditions, and Article 157 BW for the procedure. Unlike divorce (under Article 150 BW and following), which dissolves the marriage, this option maintains the marital bond. This affects inheritance rights and social benefits. For residents of Tilburg, it's important to note that applications are filed with the District Court of Zeeland-West-Brabant in Breda, which covers this region.

The process begins with a petition to the court, submitted by one or both partners. The judge verifies conditions such as an irretrievably broken relationship (Article 135, paragraph 1 BW). Mediation is not mandatory, but the Legal Aid Office Tilburg can provide advice on mediation options. Following the ruling, a six-month reflection period applies, similar to divorce (Article 157, paragraph 3 BW).

The Step-by-Step Procedure in Tilburg

The separation from bed and board procedure in Tilburg is handled through the District Court of Zeeland-West-Brabant and follows a clear path. Below is a step-by-step guide tailored to local circumstances:

Preparation and Local Advice: Consult a family law attorney or the Legal Aid Office Tilburg for free initial guidance. Discuss reasons, child arrangements, alimony, and asset division to avoid complications, especially in a vibrant city like Tilburg with many families.
Submitting the Petition: File the request with the District Court of Zeeland-West-Brabant in Breda, which serves the Tilburg district. The document outlines facts, such as relationship issues, and specifies any children or assets (Article 157 BW). The Municipality of Tilburg can assist with address changes.
Hearing: The court in Breda schedules a hearing within weeks. Parties are heard; if agreed, a decision follows immediately. Otherwise, a session may involve witnesses or experts, often including local mediators from Tilburg.
Ruling and Registration: If approved, the separation is registered with the civil registry of the Municipality of Tilburg. The six-month reflection period begins, during which parties can reconsider or switch to divorce.
Finalizing Arrangements: Simultaneously, agree on matters like household items, alimony, and child support, documented in a settlement agreement that the court approves. Local notaries in Tilburg can help with asset-related issues.

The procedure typically takes 3 to 6 months in the Tilburg area, depending on the case. Costs range from €1,000 to €5,000, including court fees of €700 and local attorney expenses.

Practical Examples from Tilburg

Consider Marie and Tom from Tilburg, married for 12 years with three children. Due to ongoing conflicts, they opt for separation from bed and board because of Marie's Catholic faith. Marie moves to an apartment in the Het Zand neighborhood and files the petition with the court in Breda. The judge approves a settlement including alimony from Tom and a co-parenting arrangement. They live separately but remain married for inheritance purposes, with support from the Legal Aid Office Tilburg.

Another case: Sophie and Mark, a childless couple with a business in Tilburg, use this procedure for a break. They arrange temporary asset division through a local notary. After nine months, they convert to divorce, based on prior agreements.

These examples from Tilburg illustrate the procedure's flexibility but emphasize the need for open communication and local support.

Rights and Obligations

During and after the separation from bed and board procedure in Tilburg, specific rights and obligations apply:

Rights: The right to spousal support if there's an income disparity (Article 160 BW). Parents retain joint custody of children (Article 251 BW). The marriage continues, so inheritance rights remain in effect, which is relevant for Tilburg families with local assets.
Obligations: Uphold marital duties such as fidelity and assistance. One partner gains exclusive use of the home (Article 136 BW). Both must cooperate and prioritize children's well-being, with possible involvement from the Municipality of Tilburg for youth services.

Crucially, the marriage does not end, so remarriage requires converting to divorce (Article 135, paragraph 4 BW).

Differences with Divorce

To clarify the separation from bed and board procedure in Tilburg, we compare it with divorce:

Aspect	Separation from Bed and Board	Divorce
Marital Status	Remains intact	Is dissolved
Procedure Duration	3-6 months	6-12 months
Remarriage	Not possible	Possible
Inheritance Rights	Remain intact	Change
Procedure Location (Tilburg)	District Court Breda	District Court Breda

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.