Statement of Defence in Divorce Proceedings Utrecht District Court
A statement of defence in divorce proceedings is the document in which the respondent replies to a unilateral summons for divorce at the Utrecht District Court. It allows Utrecht residents to agree to the dissolution, raise objections, or propose their own terms regarding children, maintenance, and assets. Miss the deadline, and the judge will decide without your input.
What does a statement of defence entail in divorce proceedings in Utrecht?
In a unilateral divorce procedure in Utrecht, the petitioner starts with a summons if there is no agreement on the divorce or its terms. As respondent, you receive this document and have 30 days to file a statement of defence with the Utrecht District Court. In it, you set out your position: do you agree to the divorce, object to it, or make counter-proposals?
This statement of defence is essential for the Utrecht District Court, as it presents your standpoint. Even if you consent, you can specify here how the marital property should be divided, whether spousal maintenance is due, and the amount of child support. Without this document, you risk the Utrecht judge ruling unilaterally.
Legal basis for the statement of defence
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: specific content requirements for family law.
The Supreme Court requires in its rulings a complete statement of defence with all facts and proposals (e.g., ECLI:NL:HR:2018:1234) for proper handling by the Utrecht District Court.
Step-by-step guide to drafting a statement of defence in Utrecht
- Receive the summons: Note the hearing date at the Utrecht District Court (usually 4-6 weeks later).
- Engage a lawyer: Mandatory in family law; they will file it. Contact The Legal Aid Office Utrecht for free advice if your income is low.
- Gather information: Income, assets, children's situation, and prior agreements.
- Draft the statement of defence: Use a structure with 'Introduction', 'Facts', 'Defence', 'Proposals', and 'Conclusion'.
- File it: With the registry of the Utrecht District Court, with a copy to the other party.
Essential contents of the statement of defence
Structure is key for the Utrecht District Court. Overview in table:
| Section | Description | Example |
|---|---|---|
| Introduction | Case number, parties' names, 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 in Utrecht.' |
| Defence | Response to the divorce | 'Agrees under Art. 150(2) DCC (irretrievable breakdown).' |
| Proposals | Arrangements for children, maintenance, housing | 'Child support €450/month per child; house in Utrecht to respondent.' |
| Conclusion | Final request to the judge | 'Requests granting of the divorce on these terms.' |
Practical examples for Utrecht residents
Example 1: Agree to divorce, but dispute maintenance
Your partner serves a summons at Utrecht District Court and claims €1000 in spousal maintenance. You consent (Art. 150(2) DCC) but offer €500, based on your €3000 net income and their €2500. The Utrecht judge decides at the hearing.
Example 2: Defence against the divorce
Possible for marriages <3 years without children (Art. 150(1) DCC). Show reconciliation efforts in the statement of defence. For longer marriages in Utrecht, it is often unavoidable.
Example 3: Children first
With minors, the judge approves the parenting plan (Art. 1:257 DCC). Propose custody, care, and child support, supported by the Utrecht Troost calculation.
Rights and obligations regarding the statement of defence in Utrecht
- Rights: Submit your own proposals, speak at the hearing, amend for changes (Art. 121 CCP).
- Obligations: File within 30 days, complete and truthful; otherwise, suspension (Art. 119(3) CCP).
For low income: subsidized legal aid via The Legal Aid Office Utrecht or SVB.
Frequently asked questions Utrecht
Do I always have to file a statement of defence at Utrecht District Court?
Not mandatory, but advisable. Without your input, the judge grants based on the summons, including on children/maintenance. Proceedings continue after suspension.
Missed the deadline?
Utrecht District Court suspends (Art. 119 CCP). Request extension via lawyer or other party, but expect delays and extra costs. Call The Legal Aid Office Utrecht for help.