Statement of Defence in Family Law at the District Court of Leiden

Statement of Defence in Family Law Proceedings at the District Court of Leiden

For residents of Leiden, a statement of defence in family law is the essential written response to a unilateral petition in cases such as divorce at the District Court of Leiden. It allows you to agree, object, or raise your own claims, ensuring your rights are optimally protected in these sensitive proceedings.

Why file a statement of defence at the District Court of Leiden?

In Leiden family law proceedings, such as a unilateral divorce petition, the petitioner files a petition with the District Court of Leiden. After service, you as respondent have exactly six weeks to respond. Missing this deadline may allow the judge to conclude the proceedings without an oral hearing and grant the petition, potentially to your disadvantage.

A timely statement of defence proactively protects your position. Consider options such as:

• Agreeing to the divorce but with your own conditions regarding the assets.
• Objecting to the petition, for example due to lack of substantiation.
• Filing additional claims, such as spousal or child support.

Statutory rules for the statement of defence

Family law proceedings are governed by the Dutch Code of Civil Procedure (Rv), Book 1, Section 12 (arts. 798-811 Rv). Key provisions:

• Art. 805(1) Rv: File within six weeks after service with the District Court of Leiden.
• Art. 806 Rv: Including defences and any counterclaims.
• Art. 807 Rv: The petitioner then files a reply.

This is typically followed by a hearing at the District Court of Leiden, with due regard for the interests of any children and a fair process.

Essential contents of a statement of defence

Draft the statement of defence yourself or have it prepared by a lawyer. Required elements:

1. Identification: Names of parties, Leiden address, case number, and service date.
2. Defences: Your position on the petition, supported by arguments and evidence.
3. Counterclaims: For example, determination of support (art. 1:157 DCC).
4. Attachments: Financial documents or emails.
5. Signature: Yours and/or your lawyer's.

Structure example for Leiden:

Practical examples for Leiden residents

Example 1: Divorce
Your partner initiates unilateral proceedings at the District Court of Leiden. You agree (art. 28:1(1)(b) GW), but claim support based on income differences (art. 1:157 DCC). Without a response, no chance of approval.

Example 2: Parental authority
In a request to terminate parental authority, demonstrate your involvement with your child through evidence and primarily seek dismissal, subsidiarily sole authority (art. 1:251 DCC).

Example 3: Support dispute
Against a zero-support claim, submit payslips, resulting in a higher award by the District Court of Leiden.

Your rights and obligations

Rights:

• Oral hearing upon defence (art. 808 Rv).
• Subsidised legal aid via the Juridisch Loket Leiden if low-income.
• Submitting evidence and witnesses.

Obligations:

• File within six weeks (art. 805 Rv).
• Share full information on children (art. 1:377a DCC), possibly via the Municipality of Leiden.
• Court fee of €90 (2024).

Frequently asked questions for Leiden

Tips for an effective defence in Leiden

Make your statement of defence strong:

• Seek help from the Juridisch Loket Leiden for free advice or referral to lawyers.
• Gather evidence: payslips, care proofs, messages.
• Try mediation via the Municipality of Leiden; often avoids proceedings (mediation Leiden).