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 divorce practice it has one practical use: it lets the divorce be registered straight away, instead of waiting out the three-month appeal period.
Why does it matter in a divorce?
A Dutch divorce takes effect only once the court’s decision is registered in the register of civil status, and that registration can happen only after the decision has become final. Without a declaration of acquiescence, that means waiting three months for the appeal period to run out.
What happens once both of you sign?
Where both spouses sign the declaration, the decision is final at once and the divorce can be registered immediately. For a couple who has agreed everything and wants the matter closed, that saves three months and removes the risk of missing the later registration deadline while waiting.
What does signing mean for you?
Signing means giving up your right to appeal, and that step cannot be undone. Sign only once you have understood the decision and are content with all of it, including the arrangements on maintenance, the children and the division of assets.
When should you not sign?
If you are unsure, or an ancillary decision went against you and you want to consider your position, do not sign. Nothing is lost by letting the appeal period run: it costs three months, and the divorce follows regardless.
Is it just a formality in a joint petition?
In a joint petition, where you have agreed everything in advance and the court has followed your 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: think it through before you sign.
How is the declaration arranged?
We draw up the declaration and both parties sign it. It is then submitted together with the request for registration to the municipality where the marriage was registered. Registration must in any case take place within six months of the decision becoming final; if it does not, the decision loses its force and the entire procedure has to start again.
Does acquiescence apply outside divorce?
Acquiescence is a general concept and is not limited to family law. A party can acquiesce in any judgment, expressly or through conduct: voluntarily complying with a judgment without reservation can count as acquiescence and can bar a later appeal. If you intend to comply with a judgment while keeping your right to appeal, say so in writing when you comply.
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We advise on whether signing a declaration is in your interest, and we handle the registration so that no deadline is missed. See also our article on how long a Dutch divorce takes.
An rezime
- A declaration of acquiescence lets a divorce be registered immediately, without waiting for the three-month appeal period to expire.
- Signing means giving up your right to appeal, including against the arrangements on maintenance, the children and the division of assets; this cannot be undone.
- In a joint petition it is usually a formality; in a contested divorce it is not, so only sign once you are content with the whole decision.
- Registration must in any case take place within six months of the decision becoming final, or it loses its force.
- Acquiescence also exists outside divorce: complying with a judgment without reservation can itself bar a later appeal.
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