Statement of Defence in Family Law for Tilburg
A statement of defence in family law is your written response as the defendant to a unilateral petition in family law proceedings, such as divorces involving residents of Tilburg. It allows you to consent, raise a defence or submit your own claims. This document is essential to protect your rights before the Court of Zeeland-West-Brabant in Breda.
Why file a statement of defence in Tilburg?
In family law cases, such as a unilateral divorce petition, the petitioner files a petition with the Court of Zeeland-West-Brabant (Breda location). After service, you as the defendant from Tilburg have six weeks to file a statement of defence. Missing this deadline may lead the judge to dispose of the case without a hearing and grant the petition, harming your interests.
With a statement of defence, you take an active stance. You can, among other things:
- Consent to the divorce but set your own conditions.
- Raise a defence, for example if the petition contains incomplete facts.
- Submit your own requests, such as spousal or child support.
Legal basis for procedures in Tilburg
Family law proceedings are governed by the Code of Civil Procedure (Rv), Book 1, Section 12 (arts. 798 to 811 Rv). Key articles:
- Art. 805(1) Rv: File within six weeks of service with the Court of Zeeland-West-Brabant.
- Art. 806 Rv: Contains your defence conclusions and any own requests.
- Art. 807 Rv: The petitioner responds with a reply.
This is typically followed by a hearing in Breda. This structure ensures a fair process, with attention to children and parties from Tilburg.
Contents of a statement of defence
Draft the statement of defence (yourself or with help from a lawyer via the Legal Advice Point Tilburg). It includes:
- Identification: Name, Tilburg address, case number and service date.
- Defence conclusions: Your position with arguments and evidence.
- Own conclusions: Requests such as maintenance (art. 1:157 BW for children).
- Attachments: Financial documents or emails.
- Signature: Yours and/or the lawyer's.
Example structure for Tilburg:
| Section | Content | Example |
|---|---|---|
| Introduction | Parties and case | "Defendant: Jan Jansen, residing in Tilburg, case RBZWB/XX/XXXXX" |
| Defence | Counterarguments | "Divorce petition lacks facts under art. 150 Rv" |
| Own request | Maintenance | "Set spousal maintenance at €500/month" |
| Conclusion | Closing | "Dismiss petition, grant own claim" |
Practical examples for Tilburg
Example 1: Divorce
Your partner from Tilburg initiates a unilateral divorce. You agree (art. 1:28(1)(b) BW), but claim maintenance based on regional incomes. Without a statement of defence, you lose this opportunity.
Example 2: Parental authority
In a request to terminate authority, you raise a defence with evidence of your role as a parent in Tilburg. Subsidiarily, request sole authority (art. 1:251 BW).
Example 3: Maintenance dispute
Petitioner claims no maintenance. With income proofs from Tilburg (via Municipality of Tilburg), achieve a higher award.
Rights and obligations
Rights:
- Hearing if defence raised (art. 808 Rv) at Breda court.
- Legal aid via subsidised counsel, apply at Legal Advice Point Tilburg.
- Submit evidence and witnesses.
Obligations:
- File within six weeks (art. 805 Rv).
- Full information on children (art. 1:377a BW).
- Court fee €90 (2024).
FAQs for Tilburg
Can I draft a statement of defence myself?
Yes, but consult the Legal Advice Point Tilburg for complex cases. They offer free initial advice.
Missed the deadline?
Request reinstatement (art. 48 Rv) with reason, e.g. illness. Otherwise, no say.
Always defend in divorce?
No, but add claims for maintenance or division.
How long does it take?
4-8 weeks to hearing in Breda, total 3-6 months.
Tips for Tilburg residents
For success: