Statement of Defence in Family Law at Amsterdam District Court

Statement of Defence in Family Law at Amsterdam District Court

A statement of defence in family law is the written response by the respondent to a unilateral petition in family law proceedings at the Amsterdam District Court, such as divorce cases in the region. It enables Amsterdam residents to agree, raise objections, or assert their own claims. This document is crucial for fully safeguarding your rights in local cases.

Why file a statement of defence at Amsterdam District Court?

In family law cases in Amsterdam, such as a unilateral divorce petition, the petitioner files a petition with the Amsterdam District Court. After service, you as the respondent have six weeks to respond. Missing this deadline may allow the judge to conclude the proceedings without a hearing and grant the petition, potentially harming your position in the city.

A statement of defence allows you to actively protect your interests. Consider:

• Agreeing to the divorce but with your own conditions.
• Objecting to the petition, for example due to lack of evidence.
• Adding your own claims, such as spousal or child support.

Legal basis for the statement of defence

Family law proceedings at the Amsterdam District Court are governed by the Code of Civil Procedure (Rv), Book 1, Section 12 (arts. 798 to 811 Rv). Key provisions:

• Art. 805(1) Rv: File within six weeks after service with the Amsterdam District Court.
• Art. 806 Rv: Including defence conclusions and any counterclaims.
• Art. 807 Rv: Followed by a reply from the petitioner.

This is typically followed by a hearing in Amsterdam. These rules ensure a fair process, with due regard for children and parties involved in the region.

What should a statement of defence at Amsterdam District Court contain?

This formal document is prepared by you or your lawyer for the Amsterdam District Court. Standard sections:

1. Introduction: Party details, address, case number, and service date.
2. Defence arguments: Your position on the petition, supported by facts and evidence.
3. Counterclaims: E.g., determination of support (art. 1:157 BW for children).
4. Exhibits: Documents such as income statements or emails.
5. Signature: Yours and/or your lawyer's.

Example structure of a statement of defence:

Practical examples in Amsterdam family law

Example 1: Divorce
Your partner initiates a unilateral proceeding at Amsterdam District Court. You consent (art. 28:1(1)(b) GW) but claim support based on Amsterdam living costs and incomes (art. 1:157 BW). No statement of defence? No claim.

Example 2: Parental authority
In termination of joint parental authority at Amsterdam District Court, you defend with evidence of daily care. Primary objection, alternatively sole authority (art. 1:251 BW).

Example 3: Support dispute
Petitioner claims zero support. Your statement of defence with payslips results in a higher award from the local court.

Rights and obligations regarding the statement of defence

Rights:

• Hearing upon defence (art. 808 Rv) at Amsterdam District Court.
• Legal aid via Amsterdam Legal Aid Office for low-income parties.
• Submitting evidence and witnesses.

Obligations:

• File within six weeks (art. 805 Rv), or the case proceeds without you.
• Provide full information, including child details (art. 1:377a BW).
• €90 court fee (2024) for Amsterdam District Court.

Frequently asked questions

Tips for Amsterdam residents

For a strong statement of defence:

• Hire a lawyer immediately: Expert advice from local firms or Arslan Advocaten. Free initial consultation available.
• Gather evidence: Salaries, care proofs, messages.
• Try mediation via Municipality of Amsterdam or independent mediators to avoid court (/mediation).
• Visit Amsterdam Legal Aid Office for free first advice.