A declaration of acquiescence is a written statement in which a party declares that it accepts a court decision and waives the right to appeal against it. In divorce practice it has one very practical function: it allows the divorce to be registered immediately, instead of waiting out the three-month appeal period.
Why it matters in a divorce
A divorce in the Netherlands takes effect only when the court’s decision is registered in the register of civil status, and registration can take place only once the decision has become final. Without a declaration of acquiescence, that means waiting three months for the appeal period to expire.
Where both spouses sign the declaration, the decision is final at once and the divorce can be registered straight away. For couples who have agreed everything and want the matter closed, that is three months saved; it also removes the risk of the six-month registration deadline being overlooked while everyone waits.
What signing it means
It means giving up the right to appeal, and that is not reversible. Sign it only when you have understood the decision and are content with all of it, including the ancillary provisions on maintenance, the children and the division of assets.
Where you are unsure, or where an ancillary decision went against you and you want to consider your position, do not sign. Nothing is lost by allowing the appeal period to run: it costs three months, and the divorce follows in any event.
In a joint petition, where the parties have agreed everything in advance and the court has followed the covenant, there is normally nothing to appeal against and the declaration is a formality. In a contested divorce it is not a formality at all.
How it is arranged
The declaration is drawn up by the lawyer and signed by both parties, and it is submitted with the request for registration to the municipality where the marriage was registered. Registration must in any event take place within six months of the decision becoming final; if it does not, the decision lapses and the entire procedure must be started again.
Outside divorce
Acquiescence is a general concept and is not confined to family law. A party can acquiesce in any judgment, expressly or by conduct &ndash ; voluntarily performing a judgment without reservation can be treated as acquiescence and can bar a later appeal. Where you intend to comply with a judgment while preserving your right to appeal, say so in writing when you perform.
Advice
We advise on whether signing a declaration is in your interest, and we deal with the registration so that no deadline is missed. See also our article on how long a divorce takes. Please contact Law & More.
