Appealing a divorce or family law ruling

What does filing an appeal involve?

Do you disagree with the judge’s ruling? Then you have the option to file an appeal. This means you challenge the court’s decision at a higher authority: the court of appeal. The court of appeal reassesses the case and can confirm, amend, or even completely overturn the previous ruling. You require a lawyer to file an appeal.

When can you lodge an appeal?

An appeal in family law cases can be lodged when you disagree with court decisions regarding matters such as:

• Alimony:
  When the alimony obligation appears unfair.
• Contact arrangement:
  If the contact arrangement with the children is unreasonable or not in the best interests of the child.
• Division of assets:
  In the event of a disagreement regarding the division of joint assets, an appeal can be considered.

Please note that a decision is usually only made 4-6 weeks after the hearing.

How does the appeal process work?

You must file the appeal within three months of the court’s ruling. The court of appeal will reassess the case and make a decision based on the facts and the law. This can lead to:

• Confirmation of the previous ruling;
• Amendment of the ruling (for example, an adjustment to the alimony);
• Overturning of the ruling.

No witnesses will be heard during the hearing, which is important to understand for the course of the proceedings.

Filing an appeal is a significant step that must be carefully considered. It can help change an unfavorable ruling, but it is also an intensive and costly procedure.

Is an appeal the right choice after a judicial decision?

We advise you to first carefully consider whether an appeal is the right step in your situation. Various factors play a role, such as the costs, the chances of success, and the impact on your personal situation.

Your lawyer is responsible for working closely with you on drafting petitions and communicating the results of court correspondence. Our firm assists you in assessing the possibilities and risks of an appeal and guides you in drafting and filing the notice of appeal.

Grounds for appeal

When challenging a judicial decision in a family law case, there are various grounds that can be put forward. It is essential to understand which reasons you can use to lodge an appeal. Here are some of the most common grounds:

• Incorrect application of the law:
  If the judge applied the law incorrectly when making a decision, this can be a strong ground for appeal. This means the judge did not correctly interpret or apply the law to your case.
• Insufficient evidence:
  When the judge based their ruling on insufficient or incorrect evidence, this can be a reason to appeal. It is crucial that all evidence is thoroughly assessed and correctly interpreted.
• Incorrect assessment of the facts:
  If the judge assessed the facts of the case incorrectly, this can be a ground for appeal. This might be the case, for example, if the judge overlooked or misinterpreted certain facts.
• Violation of the rights of the parties:
  If the judge violated the rights of one of the parties, for instance by denying fair treatment or showing bias, this can be a ground for appeal. It is of great importance that all parties are treated fairly and equally during the legal proceedings.

The specific grounds for filing an appeal depend on legislation and case law. It is therefore advisable to seek legal advice to determine which grounds apply to your specific situation.

Deadlines and procedures

When challenging a judicial decision in a family law case, there are strict deadlines and procedures that must be followed. It is crucial to follow these deadlines and procedures accurately for your appeal to proceed successfully. Here are some of the most important steps:

• Deadline for appeal:
  The deadline for filing an appeal is, in most cases, three months after the judge’s ruling. It is important to monitor this deadline strictly to prevent your appeal from being rejected due to late filing.
• Notice of appeal:
  The party lodging the appeal must draft a notice of appeal. This document contains the grounds for the appeal and must be served to the other party.
• Service of the notice of appeal:
  The notice of appeal must be officially served to the other party via a bailiff. This ensures that the other party is aware of the appeal and the grounds for it.
• Submission of the notice of appeal:
  In addition to serving the other party, the notice of appeal must also be submitted to the court of appeal. This is a crucial step to ensure the court of appeal is informed of the appeal.
• Hearing:
  The case will be heard during a session at the court of appeal. During this hearing, both parties can explain their positions, and the judge can take new facts and evidence into consideration.
• Representation:
  It is strongly recommended to be represented by a specialized lawyer during the hearing. A lawyer can assist you in presenting your case and defending your interests.