Defence Statement for Divorce at Leiden District Court
A defence statement for divorce is the document used by the respondent to respond to a summons for a unilateral divorce at the Leiden District Court. It allows you to agree to the dissolution, raise objections, or make your own proposals regarding children, maintenance, and assets. If you miss the deadline, the judge will decide without your input, which can be disadvantageous for residents of Leiden.
What does a defence statement entail in a divorce in Leiden?
In a unilateral divorce procedure, the petitioner files a summons with the Leiden District Court if there is disagreement about the divorce or arrangements. As the respondent in the Leiden area, you receive this summons and have 30 days to file a defence statement. In it, you state your position: do you agree, object, or make counter-proposals?
This defence statement is essential for the Leiden District Court, as it sets out your perspective. Even if you consent, you can use it to negotiate the division of matrimonial property, spousal maintenance, or child support. Without filing it, you risk the judge ruling unilaterally.
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 found in the Code of Civil Procedure (CCP), including:
- Article 253 CCP: summons required for unilateral applications.
- Article 119 CCP: 30-day period after receipt of summons.
- Articles 798-805 CCP: family law-specific rules on content and form.
The Supreme Court rules that the defence statement must be complete, including facts and proposals (e.g., ECLI:NL:HR:2018:1234), which is relevant for cases at the Leiden District Court.
Step-by-step guide to drafting a defence statement in Leiden
- Receive the summons: Note the hearing date at the Leiden District Court (often 4-6 weeks later).
- Engage a lawyer: Mandatory in family law; contact Het Juridisch Loket Leiden for free initial advice.
- Gather documents: Income, assets, children's situation, and prior agreements.
- Draft the defence statement: Use a structure with 'Introduction', 'Facts', 'Position', 'Proposals', and 'Conclusion'.
- File with the Leiden District Court: Serve a copy on the other party.
Key elements of the defence statement
Structure is crucial for acceptance by the Leiden District Court. Overview in table:
| Section | Description | Example |
|---|---|---|
| Introduction | Case details, parties, and key position | 'The respondent agrees to the dissolution of the marriage but not to the maintenance proposal.' |
| Facts | Timeline of marriage and breakdown | 'Marriage on 01-01-2010; no cohabitation since 2022.' |
| Position | Agreement or objection to divorce | 'Agrees under Art. 150(2) DCC (irretrievable breakdown).' |
| Proposals | Children, maintenance, home | 'Child support €400/month per child; home to respondent.' |
| Conclusion | Request to the judge | 'Grants the divorce on the stated terms.' |
Practical examples for Leiden
Example 1: Agree to divorce, dispute over maintenance
Your partner from Leiden serves a summons and requests €1000 in spousal maintenance. You consent (Art. 150(2) DCC) but counter with €500 based on incomes (€3000 and €2500 net). The Leiden District Court will consider this at the hearing.
Example 2: Objection to divorce
Possible for marriages <3 years without children (Art. 150(1) DCC). Demonstrate reconciliation efforts in the defence statement; rarely successful in longer relationships.
Example 3: Children first For minors, the Leiden District Court approves parenting agreements (Art. 1:257 DCC). Propose arrangements for residence, care, and child support, supported by Tremareport.
Rights and obligations for defence statement in Leiden
- Rights: Submit proposals, attend hearing, make adjustments for changes (Art. 121 CCP).
- Obligations: File within 30 days, complete and honest; otherwise suspension (Art. 119(3) CCP).
Low income? Apply for legal aid via Het Juridisch Loket Leiden for an affordable lawyer.
Frequently asked questions
Is a defence statement always required in Leiden?
Not mandatory, but advisable. Without it, the Leiden District Court proceeds based on the summons, ignoring your wishes on children or finances. The procedure continues after any extension.
Missed the deadline?
The Leiden District Court suspends proceedings (Art. 119 CCP). Request an extension via a lawyer or Het Juridisch Loket Leiden, but expect delays and extra costs.