Defence Statement Divorce Zoetermeer
A defence statement in divorce proceedings is the official document that you, as the defendant, file with the Zoetermeer District Court in response to a writ of summons for a unilateral divorce. This allows you to consent to the dissolution, raise objections, or propose your own terms regarding children, maintenance, and assets in Zoetermeer. If you miss this deadline, the judge will decide without hearing your side.
What does a defence statement entail in a divorce in Zoetermeer?
In a unilateral divorce procedure, the applicant files a writ of summons with the Zoetermeer District Court if you disagree on the divorce or arrangements from Zoetermeer. As the defendant, you receive this document and have 30 days to submit your defence statement. In it, you set out your position: do you agree to the divorce, oppose it, or offer alternatives?
This document is essential for the Zoetermeer District Court, as it presents your side of the story. Even if you consent, you can use the defence statement to provide input on the division of marital property, spousal maintenance, or child support. Without it, the case proceeds based on one side's version alone.
Legal basis for the defence statement
Divorces are governed by Book 1 of the Civil Code (DCC), Articles 150-161 DCC. Procedural rules are set out in the Code of Civil Procedure (CCP), including:
- Article 253 CCP: writ of summons required for unilateral applications.
- Article 119 CCP: 30-day deadline after receipt of the writ for the defence statement.
- Articles 798-805 CCP: specific requirements for family law content and form.
The Supreme Court requires in its rulings that the defence statement be complete, with facts and proposals for a proper hearing (e.g., ECLI:NL:HR:2018:1234).
Step-by-step guide: Drafting a defence statement for Zoetermeer District Court
- Receive the writ of summons: Note the hearing date at Zoetermeer District Court (usually 4-6 weeks later).
- Engage a lawyer: Mandatory in family law; start at Zoetermeer Legal Aid Office for free advice or subsidized assistance.
- Gather documents: Income proofs, asset overviews, child-related papers, and prior agreements from Zoetermeer.
- Draft the document: Use a structure with sections like 'Introduction', 'Statement of Facts', 'Position', 'Own Proposals', and 'Conclusion'.
- File it: With the registry of Zoetermeer District Court, plus a copy to the other party.
Key elements of a defence statement
Structure is crucial for Zoetermeer District Court. Overview in table:
| Section | Explanation | Zoetermeer Example |
|---|---|---|
| Introduction | Case details, names, and core position | 'Defendant consents to dissolution of marriage but not to the maintenance proposal.' |
| Facts | Timeline of marriage and breakdown | 'Married on 01-01-2010 in Zoetermeer, separated since 2022.' |
| Position | Consent or objection to divorce | 'Consents under Art. 150(2) DCC (1 year no cohabitation).' |
| Proposals | Arrangements for children, finances, home | 'Child support €400/month per child; Zoetermeer home to defendant.' |
| Conclusion | Request to the judge | 'Requests granting of divorce on these terms.' |
Practical examples from Zoetermeer
Example 1: Consent to divorce, dispute over maintenance
Ex-partner from Zoetermeer claims €1000 spousal maintenance. You consent (irretrievable breakdown, Art. 150(2) DCC) but offer €500 given your €3000 net income and hers at €2500. The judge rules at the hearing in Zoetermeer District Court.
Example 2: Objection to divorce
Possible for marriages <3 years without children (Art. 150(1) DCC). Show reconciliation efforts in the defence statement via Municipality of Zoetermeer or mediator. For longer marriages, often unavoidable.
Example 3: Children first For minors, the judge approves the parenting plan (Art. 1:257 DCC). Propose in the defence statement residence, care schedule, and child support, supported by the Troost calculation, tailored to the Zoetermeer situation.
Rights and obligations
- Rights: Submit proposals, speak at the Zoetermeer District Court hearing, amend if circumstances change (Art. 121 CCP).
- Obligations: File within 30 days, complete and truthful; otherwise, suspension (Art. 119(3) CCP).
Low income? Apply for legal aid via Zoetermeer Legal Aid Office.
Frequently asked questions Zoetermeer
Do I have to file a defence statement?
Not mandatory, but highly recommended. Without it, Zoetermeer District Court grants the divorce based on the writ alone, ignoring your input on children or finances. The case proceeds after a pause.
Missed the deadline?
Zoetermeer District Court suspends proceedings (Art. 119 CCP). Request an extension via the other party or judge, but expect delays and extra costs.