Statement of Defence in Divorce Proceedings, District Court of Amsterdam
A statement of defence in divorce proceedings is the written defence you submit as the respondent to the District Court of Amsterdam in response to a unilateral divorce petition served by summons. It allows you to agree to the divorce, raise objections, or make your own proposals on children, alimony, and assets. In Amsterdam, where divorce cases are often complex due to high living costs, filing on time is crucial to ensure your voice is heard.
What does a statement of defence entail in a divorce in Amsterdam?
In a unilateral divorce procedure, the petitioner initiates proceedings with a summons at the District Court of Amsterdam when partners disagree on the divorce or related arrangements. As the respondent in the Amsterdam area, you receive this summons and have 30 days to file a statement of defence. In it, you set out your position: do you agree, object, or propose alternatives?
This document is key for the District Court of Amsterdam, as it clearly states your stance. Even if you consent, you can use the statement of defence to negotiate the division of marital property – such as a home in Amsterdam-Centrum –, spousal support, or child support. Without a statement of defence, you risk the court deciding unilaterally.
Legal basis for the statement of defence
Divorce proceedings are governed by Book 1 of the Dutch Civil Code (DCC), Articles 150 to 161 DCC. Procedural rules are set out in the Code of Civil Procedure (CCP), including:
- Article 253 CCP: summons required for unilateral petitions.
- Article 119 CCP: 30-day deadline after summons for the statement of defence.
- Articles 798-805 CCP: specific requirements for family law content.
The Supreme Court rules that the statement of defence must cover all facts and proposals for proper handling (e.g., ECLI:NL:HR:2018:1234).
Step-by-step guide to drafting a statement of defence for the District Court of Amsterdam
- Receive summons: Check the hearing date at the District Court of Amsterdam (typically 4-6 weeks later).
- Engage a lawyer: Mandatory in family law; start at the Legal Aid Office Amsterdam for free advice and referrals.
- Gather evidence: Income details, Amsterdam property values from the Municipality of Amsterdam, child information.
- Draft the statement of defence: Use a structure with 'Introduction', 'Facts', 'Defence', 'Proposals', and 'Conclusion'.
- File it: With the District Court of Amsterdam, and send a copy to the other party.
Essential contents of the statement of defence
A specific structure is required. Overview in table:
| Section | Description | Example |
|---|---|---|
| Introduction | Case number, parties, key position | 'The respondent agrees to the dissolution of the marriage but not to the alimony proposal.' |
| Facts | Marriage history and breakdown | 'Marriage on 01-01-2010, separated since 2022 in Amsterdam.' |
| Defence | Agreement or opposition to divorce | 'No objection under Article 150(2) DCC (1 year no cohabitation).' |
| Proposals | Children, alimony, property | 'Child support €450 per month; Amsterdam-Zuid home to respondent.' |
| Conclusion | Request to the court | 'Grant the divorce with the stated conditions.' |
Practical examples from Amsterdam
Example 1: Agree to divorce, dispute over alimony
Ex-spouse claims €1000 in spousal support at the District Court of Amsterdam. You consent (Article 150(2) DCC) but counter with €500, given your €3000 net income and theirs at €2500, plus Amsterdam's high rental pressure.
Example 2: Opposition to divorce
Possible for marriages <3 years without children (Article 150(1) DCC); demonstrate reconciliation efforts via mediation in Amsterdam. For longer marriages, consent is often necessary.
Example 3: Children first For minors, the court approves the settlement agreement (Article 1:257 DCC). Propose primary residence, care schedule, and child support, supported by a Tremarekening, tailored to Amsterdam's costs.
Rights and obligations
- Rights: Submit proposals, attend hearings, request amendments for new facts (Article 121 CCP).
- Obligations: File within 30 days, fully and honestly; otherwise, proceedings are suspended (Article 119(3) CCP).
Low income? Apply for subsidized legal aid via the Legal Aid Office Amsterdam.
Frequently asked questions
Do I always have to file a statement of defence at the District Court of Amsterdam?
Not mandatory, but highly advisable. Without it, the court may decide based solely on the summons, ignoring your input on children or alimony. Proceedings continue after suspension.
Missed the deadline?
The District Court of Amsterdam suspends proceedings (Article 119 CCP). Request an extension via the other party or the court, but expect delays and extra costs.