A declaration of acquiescence (akte van berusting) is a written statement in which a party accepts a court decision and gives up the right to appeal against it. In a divorce, it lets the decision become final at once, so it can be registered straight away instead of after the three-month appeal period.
Waarom maak dit saak in 'n egskeiding?
A Dutch divorce takes effect only once the court’s decision is registered in the register of civil status (burgerlijke stand), and that can happen only after the decision has become final. Without a declaration of acquiescence, you wait three months for the appeal period to run out.
Wat gebeur sodra julle albei teken?
Where both spouses sign, the decision is final at once and the divorce can be registered immediately. For a couple who has agreed everything, that saves three months and removes the risk of missing the six-month registration deadline while waiting.
Wat beteken ondertekening vir jou?
Signing means giving up your right to appeal to the court of appeal (gerechtshof), and that step cannot be undone. Sign only once you have understood the decision and accept all of it, including the arrangements on maintenance, the children and the division of assets.
Wanneer moet jy nie teken nie?
Do not sign if you are unsure, or if an ancillary decision went against you and you want to consider an appeal. Letting the three-month appeal period run costs only time: if neither of you appeals, the decision becomes final and can be registered.
Is dit net 'n formaliteit in 'n gesamentlike petisie?
In a joint petition (gemeenschappelijk verzoek), where the court has followed your divorce covenant, there is normally nothing to appeal against and the declaration is little more than a formality. In a contested divorce it is not a formality at all: consider the full decision before you sign within the three-month window.
Hoe is die verklaring gereël?
Your lawyer draws up the declaration and each party signs it, usually through their own lawyer. It is then sent with the request for registration to the municipality where the marriage was registered. Under Article 1:163 of the Dutch Civil Code (BW), registration must take place within six months of the decision becoming final; if it does not, the decision loses its force and the procedure has to start again.
Geld instemming buite egskeiding?
Yes. A party can acquiesce in any judgment, expressly or through conduct: complying voluntarily with a judgment without reservation can count as acquiescence and can bar a later appeal. If you intend to comply while keeping your right to appeal, say so in writing when you comply, within the appeal period of three months for most civil judgments.
What can we do for you with a declaration of acquiescence?
Ons tree op as gesinsadvokaat in divorce cases and handle the step after the decision for you:
- We review the divorce decision and advise you whether signing is in your interest.
- We draw up the declaration of acquiescence and arrange the signature of both parties.
- We send the request for registration to the municipality within the six-month deadline.
- We assess whether an appeal against an ancillary decision is worth pursuing within the three-month period.
- We advise you on complying with any other judgment without losing your right to appeal.
See also our article on hoe lank neem 'n Nederlandse egskeiding.
Opsomming
- 'n Verklaring van berusting laat 'n egskeiding onmiddellik registreer, sonder om te wag vir die verstryking van die drie maande lange appèlperiode.
- Om te teken beteken om jou reg op appèl prys te gee, insluitend teen die reëlings oor onderhoud, die kinders en die verdeling van bates; dit kan nie ongedaan gemaak word nie.
- In a joint petition it is usually a formality; in a contested divorce it is not.
- Under Article 1:163 BW, registration must take place within six months of the decision becoming final, or the decision loses its force.
- Complying with any judgment without reservation can itself bar a later appeal.
Algemene vrae
Do both spouses have to sign the declaration of acquiescence?
Yes. The decision only becomes final at once if every party who could appeal gives up that right. If only one spouse signs, the other spouse keeps the three-month appeal period.
Can I withdraw a signed declaration of acquiescence?
No. Once you have signed, you have given up your right to appeal, and that cannot be reversed. Sign only after you have read and accepted the whole decision.
What happens if the divorce is not registered within six months?
Under Article 1:163 BW the decision then loses its force. You remain married and have to start a new divorce procedure.
