In brief
- A statement of non-contest is a written declaration in which a spouse states that they do not oppose the divorce petition filed by the other spouse. The statement speeds up the procedure because a statement of defense can be omitted.
- The statement is signed before the court’s ruling and is submitted to the court along with the petition.
- A statement of non-contest is different from an acknowledgment of the ruling (akte van berusting): the former concerns not contesting beforehand, while the latter concerns waiving the right to appeal afterward.
- Signing does not constitute agreement with all requested decisions in the petition. The court still reviews the request against the law.
- In principle, a statement of non-contest can be withdrawn until the ruling is issued, but this can lead to procedural complications.
What is a statement of non-contest?
A statement of non-contest is a written declaration in which a spouse states that they do not oppose the divorce petition filed by the other spouse. The statement speeds up the procedure because a statement of defense can be omitted.
In a legal context, the term “refereren” (to refer) means to defer to the judgment of the court. The signatory does not contest the petition but does not explicitly agree with all its components either. The court still independently reviews the petition against the law, even if no defense is filed.
In practice, a statement of non-contest is primarily used in unilateral divorce petitions where the parties have already reached an agreement on the main points. In the case of joint petitions, a statement of non-contest is not necessary because both parties sign the petition together.
When do you use a statement of non-contest?
A statement of non-contest is used when a spouse does not apply for the divorce themselves but is willing to cooperate for a smooth handling of the procedure. By waiving the defense, the court can process the petition faster, often without an oral hearing.
Typical situations in which a statement of non-contest is used:
- The spouses agree on the divorce but do not wish to act jointly for legal or practical reasons, for example, because they each have their own lawyer.
- A divorce settlement (convenant) has already been drafted, establishing agreements on alimony, parenting, and division of assets, and the petition only asks for the divorce to be granted in accordance with that settlement.
- A partner lives abroad and does not wish to appear at the hearing but does not want to delay the procedure unnecessarily.
The statement does not exempt the signatory from the obligation to make substantive agreements. If there are still outstanding issues regarding alimony, the parenting plan, or the division of assets, these must be settled outside the procedure or decided by the court based on the petition.
What is the difference with an acknowledgment of the ruling?
A statement of non-contest is signed before the court’s ruling and implies that no defense will be filed against the divorce petition. An acknowledgment of the ruling (akte van berusting) is signed after the court’s ruling and implies that no appeal will be lodged against the decision. Both documents speed up the procedure, but at different stages.
| Characteristic | Statement of Non-Contest | Act of acquiescence |
| Timing | Before the court’s ruling | After the court’s ruling |
| Effect | No statement of defense is filed | No appeal is lodged |
| Purpose | Accelerating the procedure itself | Accelerating registration in the civil registry |
| Deadline | Subject to the defense period (6 weeks) | Subject to the appeal period (3 months) |
| Withdrawable? | In principle yes, until the ruling | No, signing is irrevocable |
What are the benefits of a statement of non-contest?
Signing a statement of non-contest offers three concrete benefits for both parties:
- Faster processing: without a statement of defense, the judge can usually decide based on the documents, without an oral hearing. The processing time decreases from an average of six months to six to eight weeks.
- Lower costs: no statement of defense or associated documents need to be drafted, and no hearing preparation is required.
- Less burden: the signatory does not have to appear at a hearing and completes the procedure in writing.
Is a statement of non-contest binding?
A statement of non-contest is binding for the specific petition to which it relates, as long as the statement is valid and has not been withdrawn in time. The judge can make a decision based on the petition without the signatory needing to be heard.
This does not mean that the signatory agrees with all parts of the petition. The judge independently reviews the petition against the law and can, for example, reject or adjust a request for alimony or a proposed parenting plan. The statement of non-contest only concerns the waiver of defense, not substantive agreement with the requested decisions.
How do you submit a statement of non-contest?
In practice, a statement of non-contest is drafted and submitted by the lawyer of the signing spouse. The statement is in writing and contains the name of the signatory, the case number, a reference to the petition, and the explicit declaration that no defense is being conducted. Signing must take place within the defense period, which is six weeks in divorce cases.
The signatory’s lawyer submits the statement to the court where the petition is pending. In most cases, the signatory is no longer heard by the judge, unless the judge sees reason to do so ex officio. The procedure then takes place entirely in writing.
A statement of non-contest can also be withdrawn, but this must be done before the ruling. Withdrawal means that a statement of defense can still be submitted, provided the defense period has not yet expired. If the period has already expired, it can be difficult to still conduct a substantive defense.
Statement of non-contest in an international divorce
In a divorce before a Dutch court, Dutch procedural law applies: a statement of non-contest is possible and follows the rules of the Code of Civil Procedure. If the signatory lives abroad, the statement can be exchanged by mail or digitally with the Dutch lawyer, as long as the original signature reaches the court in time.
If the divorce is granted in another country, the national law of that country determines whether a similar waiver exists. You can read more about cross-border divorces on the international family law page.
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Family Law Attorney, International Family Law and Inheritance Law
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Family Law Attorney, International Family Law
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Lawyer at Law (International) Family Law
Clients are guided by a dedicated lawyer who oversees the entire file and communicates discreetly.
Frequently Asked Questions
A statement of non-contest is signed before the ruling and implies that no defense will be filed against the divorce petition. An acknowledgment of the ruling (akte van berusting) is signed after the ruling and implies that no appeal will be lodged. Both documents speed up the procedure, but at different stages.
A lawyer is not mandatory for signing the statement itself, but one is required for submitting it to the court. In practice, the statement is drafted and submitted by a divorce lawyer, who also assesses whether signing is in your interest given the content of the petition.
In principle, a statement of non-contest can be withdrawn until the ruling is issued. Practically, however, this can be difficult: if the defense period has already expired, it is no longer possible to submit a full statement of defense. Withdrawal must be done in a timely manner and in writing through your lawyer.
You then have six weeks to file a statement of defense against the petition. If you do not file a statement of defense or a statement of non-contest within that period, the judge can still handle the case by default. The ruling will then be made based solely on the petition, without your position being heard.
In a divorce before a Dutch court, a statement of non-contest is possible, even if one of the parties lives abroad. The statement is then exchanged via the parties’ Dutch lawyers. If the divorce is granted abroad, the national law of that country determines whether a similar waiver exists.
Are you unsure about signing a statement of non-contest?
Signing a statement of non-contest means that you waive your right to conduct a substantive defense. If the petition contains detailed proposals regarding alimony, the parenting plan, or the division of assets with which you do not agree, a statement of non-contest may be disadvantageous.
A second opinion provides an independent legal assessment of the petition and the consequences of signing. You will then know whether signing is in your interest, or whether a statement of defense would be wiser.
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Would you like to discuss the petition, your legal position, or the statement of non-contest? Schedule an advisory meeting with one of our lawyers. After your registration, our office will contact you within one business day.
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