## Unilateral Petition for Divorce in Rijswijk
In Rijswijk, you can file a unilateral petition for divorce if one partner wants to proceed with the divorce without the other's cooperation. This is possible when the marriage is irretrievably broken down, in line with Dutch family law. For residents of Rijswijk, this is a common option if there is no agreement on a divorce settlement. In this article, we discuss the procedure, the legal basis, and the necessary steps, with attention to local support through institutions such as the Rijswijk Legal Aid Office.
### What is a unilateral petition for divorce in Rijswijk?
Under Dutch family law, a divorce can start with a **joint petition** if both parties agree, or a **unilateral petition** if only one partner takes action. In Rijswijk, the latter is filed with the Rijswijk Court. The reason is always the permanent breakdown of the marriage, as defined by law: no longer a lasting and exclusive life partnership between the spouses.
This process is useful for Rijswijk residents if the other partner refuses to cooperate or if there are disputes over aspects like spousal support or asset division. The Rijswijk Court verifies if the breakdown is permanent, often based on evidence such as a separation of at least three years. After the ruling, the marriage ends, and matters like child welfare, finances, and housing in Rijswijk are handled, possibly with assistance from the Municipality of Rijswijk.
### Legal Basis
The rules for a unilateral petition for divorce are outlined in the **Dutch Civil Code Book 1** (BW). Relevant provisions include:
- **Article 150 BW**: This article provides the foundation for dissolving a marriage due to permanent breakdown. The court can grant the divorce if the relationship is irretrievably broken.
- **Article 151 BW**: This describes that in a unilateral petition, the process proceeds via a petition. The other party may defend themselves, but the court decides based on the circumstances.
- **Articles 807-820 of the Code of Civil Procedure (Rv)**: These cover the procedural steps, such as filing, the hearing, and the decision.
Thanks to the Act on Simplification and Acceleration of Divorce Procedures from 2002, the process has been streamlined, but for unilateral applications in Rijswijk, a hearing at the Rijswijk Court is usually required to assess the breakdown.
### The Procedure in Steps for Rijswijk
For a unilateral petition for divorce in Rijswijk, the process follows a structured path. Here's an overview:
1. **Preparation**: Engage a lawyer, which is mandatory for family law matters. In Rijswijk, you can start at the Rijswijk Legal Aid Office for free advice. The lawyer prepares the petition with details about the breakdown, such as conflicts, infidelity, or a long-term separation.
2. **Filing with the court**: Submit the petition to the Rijswijk Court, in the District of The Hague. If there are minor children, include a parenting plan tailored to local circumstances.
3. **Receipt and summons**: The Rijswijk Court sends the petition to the other party, who has six weeks to respond. If there's no reply, the process continues without defense.
4. **Hearing**: At the hearing in the Rijswijk Court, the parties (or their lawyers) present their arguments. The judge evaluates the permanent breakdown and, if children are involved, their well-being in the Rijswijk context.
5. **Ruling**: The judge grants the divorce, typically after 3 to 6 months. The decision is registered with the civil registry of the Municipality of Rijswijk.
6. **Settlement and handling**: After the ruling, arrange matters like asset division, support, and pensions, often separately, with possible local mediation.
The entire process can take up to a year if disputes arise. Costs range from €1,000 to €3,000 for legal assistance, plus a €85 court fee (2023).
#### Comparison with Joint Petition in Rijswijk
| Aspect | Unilateral Petition | Joint Petition |
|--------------------|------------------------------|------------------------------|
| Procedure | Via Rijswijk Court with hearing | Directly at civil registry, without court |
| Duration | 3-12 months | A few weeks |
| Costs | Higher (lawyer required, court fee) | Lower (no lawyer needed) |
| Partner's Consent | Not required | Both parties must agree |
### Practical Examples from Rijswijk
Take Anna and Bert, married in Rijswijk with two children. Bert blocks the divorce, but Anna files a unilateral petition due to arguments over finances. With evidence of six months of separate living, the Rijswijk Court rules that the relationship is broken down and approves the divorce. Support for Bert is handled in a follow-up procedure.
Or Karel from Rijswijk, who files for unilateral divorce after infidelity. He details the emotional harm and mistrust in the petition. Despite a defense, the Rijswijk Court accepts this as evidence of breakdown.
### Rights and Obligations
As the applicant in Rijswijk, you have the right to proceed unilaterally without your partner's consent. Your obligation is to share facts honestly and, if children are involved, prioritize their interests, using local resources like the Rijswijk Legal Aid Office for guidance.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.