Separation from Bed and Board Procedure in Rijswijk
For residents of Rijswijk, the separation from bed and board procedure offers an important option within Dutch family law. Here, spouses choose to live separately without immediately dissolving the marriage, while remaining formally married. This is ideal for those living in Rijswijk who have reasons such as religion, finances, or emotions that stand in the way of a full divorce. In this article, we highlight the steps, legal basis, and local practices, as a supplement to our overview on separation from bed and board. Specifically for Rijswijk: the procedure is handled via the Rijswijk Court, and advice is readily available at the Legal Aid Office in Rijswijk.
Legal Basis
The separation from bed and board is outlined in the Dutch Civil Code (BW), Book 1, Title 6. Key provisions include Article 135 BW for the conditions and definition, and Article 157 BW for the procedure. Unlike divorce (Article 150 BW et seq.), which dissolves the marriage, the marital bond remains intact under this option. This affects inheritance rights and social benefits, which is relevant for Rijswijk households relying on local municipal services.
In Rijswijk, the petition must be filed with the Rijswijk Court. The judge verifies if there is a permanently disrupted relationship (Article 135(1) BW). Mediation is not mandatory, but the Legal Aid Office in Rijswijk can refer parties to local mediators. After the ruling, a six-month reflection period begins, similar to divorce (Article 157(3) BW), during which reconciliation or conversion to divorce is possible.
The Procedure Step by Step
The separation from bed and board procedure in Rijswijk follows a structured process through the Rijswijk Court. Here is an overview of the steps, tailored to local circumstances:
- Preparation and Local Advice: Consult a family law attorney or the Legal Aid Office in Rijswijk for free initial assistance. Discuss the impact on children, alimony, and assets, especially if you live in a rental property in Rijswijk managed by the Municipality of Rijswijk. This helps manage emotions and avoid delays.
- Filing the Petition: One or both partners submit the petition to the Rijswijk Court, in the District of The Hague. The document outlines the facts, such as relationship issues, and specifies matters related to children or finances (Article 157 BW). Local notaries in Rijswijk can assist with attachments.
- Hearing: The Rijswijk Court schedules a hearing within weeks. Parties are heard; if they agree, a decision follows immediately. If there is a dispute, a preliminary hearing occurs, possibly involving witnesses or regional experts.
- Ruling and Registration: If approved, the separation is registered with the civil registry of the Municipality of Rijswijk. The six-month reflection period starts, during which parties can reconcile or convert to divorce.
- Final Arrangements: Simultaneously, agreements on household items, alimony, and child support are made, often in a settlement agreement that the court approves. The Municipality of Rijswijk provides support for housing after separation.
For couples in Rijswijk, this process typically takes 3 to 6 months, with costs ranging from €1,000 to €5,000, including €700 in court fees and local attorney rates.
Practical Examples from Rijswijk
Take Anna and Bert, married for 15 years in Rijswijk with two children. Due to ongoing conflicts, they opt for separation from bed and board because of Anna's religious objections to divorce. Anna secures housing through the Municipality of Rijswijk and files the petition with the Rijswijk Court. The judge approves a settlement agreement with alimony from Bert and a shared custody arrangement. They now live separately but remain married for inheritance purposes.
Or Karel and Lisa, childless and financially linked in Rijswijk, who use this procedure for a temporary pause. They arrange a provisional division through a local notary. After a year, they convert to divorce, with a smooth process thanks to the earlier foundation.
These cases illustrate the flexibility but emphasize the need for open communication in the Rijswijk context.
Rights and Obligations
During and after the separation from bed and board procedure in Rijswijk, the following rules apply:
- Rights: Spousal support in cases of income disparity (Article 160 BW). Joint parental authority remains (Article 251 BW). The intact marriage preserves inheritance rights and local social benefits through the Municipality of Rijswijk.
- Obligations: Comply with marital conditions such as fidelity and mutual support. Exclusive use of the home for one partner (Article 136 BW). Cooperate in the procedure and prioritize children, with assistance from the Legal Aid Office in Rijswijk.
Remarriage is not possible without converting to divorce (Article 135(4) BW).
Differences with Divorce
To clarify the separation from bed and board procedure in Rijswijk, here is a comparison:
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Marital Status | Remains intact | Is dissolved |
| Procedure Duration | 3-6 months | 6-12 months |
| Remarriage | Not possible | Possible |
| Inheritance Rights | Remain intact | Are terminated |
| Alimony | Remains possible | Ends after a period |
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.