Separation from Bed and Board Procedure in Leiden
The separation from bed and board procedure provides residents of Leiden with a legal option under Dutch family law to live separately without immediately dissolving the marriage. The marriage remains formally intact, but partners no longer live together and end their shared household. This is a popular alternative to a full divorce, for instance, due to religious beliefs, financial considerations, or emotional ties common in the Leiden community. In this article, we highlight the procedure, legal foundations, and local practical tips, as an extension of our overview on separation from bed and board, with specific focus on Leiden.
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 the definition and conditions, and Article 157 BW for the procedural steps. Unlike divorce, which dissolves the marriage (Article 150 BW and following), this form maintains the marital status, affecting inheritance rights and social benefits such as allowances through the Municipality of Leiden.
In Leiden, the petition must be filed with the Leiden District Court. The judge verifies whether conditions like a permanently disrupted relationship (Article 135(1) BW) are met. Mediation is not mandatory, but the Leiden District Court often recommends it, and you can access it through the Legal Aid Desk in Leiden. Following the ruling, a six-month reflection period applies, just as in divorce (Article 157(3) BW), during which parties in Leiden have time to adjust local arrangements.
The Procedure Step by Step
For residents of Leiden, the separation from bed and board procedure proceeds through the Leiden District Court in a structured process. Here is an overview of the steps, tailored to local circumstances:
- Preparation and seeking local advice: Consult a family law attorney in Leiden or start with the Legal Aid Desk in Leiden for free initial assistance. Discuss reasons for the separation and arrangements for children, alimony, and assets, taking into account the Leiden rental market or municipal subsidies.
- Filing the petition: One or both partners submit the request to the Leiden District Court, in the District of The Hague with a location in Leiden. The document outlines the facts, such as the disrupted relationship, and specifies details regarding children or joint assets (Article 157 BW). The Municipality of Leiden can assist with address changes.
- Hearing: The Leiden District Court schedules a hearing within weeks. Both parties are heard; if there is agreement, a ruling follows immediately. In case of disputes, a preliminary hearing may occur, possibly involving local witnesses or experts from the area.
- Ruling and registration: If approved, the separation is recorded in the civil registry of the Municipality of Leiden. The six-month reflection period begins, during which parties can consider reconciling or proceeding to divorce.
- Making arrangements: Simultaneously, agreements on asset division, spousal support, and child support are made, often in a settlement agreement that the court approves. In Leiden, you can engage a notary for local property matters.
The procedure typically takes 3 to 6 months in Leiden, depending on the case. Costs range from €1,000 to €5,000, including court fees of €700 and local attorney fees.
Practical Examples from Leiden
Take Anna and Bert, married for 15 years and living in central Leiden with two children. Due to ongoing conflicts and Anna's religious background in the local church community, they opt for separation from bed and board. Anna secures a rental home through the Municipality of Leiden and files the petition with the Leiden District Court. The judge approves a settlement agreement including spousal support from Bert and a shared custody arrangement, with the children alternating between homes every other week. They now live separately but remain married for inheritance purposes.
Another case: Karel and Lisa, without children but owning a joint home in Leiden-Noord, use this procedure to take time amid their financial entanglements. They arrange a provisional division through a Leiden notary. After a year, they convert to divorce, supported by the Legal Aid Desk in Leiden, which simplifies the process.
These examples illustrate the flexibility for couples in Leiden, provided they communicate effectively and seek local support.
Rights and Obligations
During and after the separation from bed and board procedure in Leiden, specific rights and obligations apply to spouses:
- Rights: Right to spousal support in case of income disparity (Article 160 BW). Parents retain joint custody of children (Article 251 BW). The marriage continues, so inheritance rights and local social benefits through the Municipality of Leiden remain in place.
- Obligations: Comply with marital duties, such as fidelity and assistance. One partner gains exclusive use of the home (Article 136 BW). Both must cooperate in the court procedure in Leiden and prioritize the children's well-being.
Note: Without converting to divorce (Article 135(4) BW), remarriage in Leiden is not possible.
Differences with Divorce
To clarify the separation from bed and board procedure in Leiden, we compare it with divorce in the table:
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Marital Status | Remains intact | Is dissolved |
| Procedure Duration | 3-6 months | 6-12 months |
| Remarriage Possible | No | Yes |
| Inheritance Rights | Remain intact | Are terminated |
| Mediation Required | Not always | Often yes |
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.