Defence Statement Divorce Tilburg
A defence statement in divorce proceedings is the official document that you, as the respondent, submit to the Court of Zeeland-West-Brabant in Breda in response to a unilateral summons for divorce. It enables you to consent to the divorce, raise objections, or submit your own proposals on children, maintenance, and assets. Failing to file it on time risks the case proceeding without your input, which in Tilburg often results in standard rulings by the local judge.
What does a defence statement in divorce proceedings entail?
In a unilateral divorce procedure, the petitioner initiates proceedings with a summons, particularly when there is disagreement over the divorce or its terms. Tilburg residents receive this summons and have 30 days to file a defence statement with the Court of Zeeland-West-Brabant. In it, you present your position: do you agree, object, or propose alternatives for asset division, spousal maintenance, or child support?
This document is crucial as it informs the judge in Breda of your stance. Even if you consent to the divorce, you can use it to propose arrangements. Not filing it may lead to decisions based solely on the summons, disregarding your specific situation in Tilburg.
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 set out in the Code of Civil Procedure (CCP), including:
- Article 253 CCP: requirement for a summons in unilateral applications.
- Article 119 CCP: 30-day deadline after receipt of the summons.
- Articles 798-805 CCP: requirements for family law cases, including table of contents.
Supreme Court rulings, such as ECLI:NL:HR:2018:1234, emphasize that the defence statement must cover all facts and proposals for a thorough hearing at the court in Breda.
Step-by-Step Guide to Drafting a Defence Statement in Tilburg
- Receive the summons: Note the hearing date, typically 4-6 weeks later at the Court of Zeeland-West-Brabant.
- Engage a lawyer: Mandatory in family law; start with free initial advice from the Legal Aid Office in Tilburg.
- Gather documents: Income proofs, asset overviews, child details, and prior agreements from Tilburg.
- Draft the document: Use a clear structure with sections like 'Introduction', 'Statement of Facts', 'Position', 'Proposals', and 'Conclusion'.
- File it: With the registry of the Court of Zeeland-West-Brabant in Breda, with a copy to the other party.
Key Elements of the Defence Statement
Structure is essential. Review this table of must-haves:
| Section | Explanation | Tilburg Example |
|---|---|---|
| Introduction | Case details, parties, and key position | 'Respondent from Tilburg consents to dissolution of marriage but rejects proposed maintenance.' |
| Facts | Timeline of marriage and breakdown | 'Married on 01-01-2010; no cohabitation since 2022 in Tilburg.' |
| Defence | Consent or opposition to divorce | 'Consents under art. 150(2) DCC (irretrievable breakdown).' |
| Proposals | Arrangements for children, maintenance, housing | 'Child support €450/month per child; Tilburg home to respondent.' |
| Conclusion | Closing with request | 'Requests granting of divorce with stated terms by Breda Court.' |
Practice Examples from Tilburg
Example 1: Consent to divorce, dispute over maintenance
Your partner from Tilburg claims €1000 in spousal maintenance. You agree to the divorce (art. 150(2) DCC) but offer €550 based on your €3200 net income and her €2600, factoring in local costs like rent in Tilburg. The Breda judge rules at the hearing.
Example 2: Opposition to divorce
Possible for marriages under 3 years without children (art. 150(1) DCC). Demonstrate mediation efforts via Tilburg Municipality in your defence statement. For longer marriages, consent is standard.
Example 3: Children first
For minors, the judge approves parental agreements (art. 1:257 DCC). Propose primary residence, co-parenting, and child support, supported by calculations considering Tilburg schools.
Rights and Obligations
- Rights: Submit proposals, speak at hearing, request amendments for changes (art. 121 CCP).
- Obligations: File within 30 days, complete and truthful; otherwise, extension possible (art. 119(3) CCP).
Low income? Apply for subsidized legal aid via the Legal Aid Office in Tilburg.
Frequently Asked Questions Tilburg
Is filing always required?
Not mandatory, but advisable. Without input, the Court of Zeeland-West-Brabant decides unilaterally, including on local maintenance or children.
Missed the deadline?
The court suspends proceedings (art. 119 CCP). Request extension via lawyer or Legal Aid Office Tilburg, but expect delays and extra costs.