BELGIUM Law and Practice Contributed by: Larissa De Wulf and Carolyn Vanthienen, Tiberghien
The decision granting the divorce only has effect: • for third parties, from the date on which the divorce decision is recorded in the database for civil regis ‑ try records; • for the parties, with regard to the personal effects of the divorce, from the date on which the deci ‑ sion granting the divorce acquires the force of res judicata (ie, it is no longer subject to appeal or opposition); and • as regards the parties’ assets, from the date of fil ‑ ing of the divorce application or serving the divorce summons. An appeal may be lodged before the appellate court. Divorce by mutual consent The parties may decide together to divorce and reach an agreement on all aspects related to their joint minor children, as well as on all aspects concerning their personal rights and all aspects of matrimonial law, including the division of their matrimonial assets. If the conditions are met, the court will grant the divorce and approve the agreement relating to the children. The decision granting the divorce only has effect: • for third parties, from the date on which the divorce decision is recorded in the database for civil regis ‑ try records; • for the parties, with regard to the personal effects of the divorce, from the date on which the deci ‑ sion granting the divorce acquires the force of res judicata; and • as regards the parties’ assets, from the date on which the divorce petition is filed. An appeal against this decision is possible under cer ‑ tain conditions. Timeline Divorce proceedings based on irretrievable break ‑ down can take between six months and one year. If an appeal is lodged against the decision granting the divorce, it can take up to one year to obtain a decision on appeal. Once the petition for divorce by mutual consent is filed, in general, the order confirm ‑ ing divorce is made within six weeks.
These delays may be longer in certain courts of first instance or certain courts of appeal (in the event of an appeal). Service of Divorce Petition An application for divorce on the grounds of irretriev ‑ able breakdown may be filed: • by writ of summons served on the defendant by a bailiff on behalf of the plaintiff; or • by petition served on the defendant by the clerk of the family court upon request of the plaintiff. The court is seized from the date of service by the bailiff in the first case and from the date the applica ‑ tion is lodged at the court office in the second case. An application for divorce by mutual consent will be filed with the clerk of the family court via a joint peti ‑ tion of the spouses. The court is seized from the date the application is lodged at the court office. Annulment of Marriage On certain grounds, the marriage may be annulled by the family court. An annulment may be requested, • a breach of legal requirements for marriage (eg, impediments to marriage between certain persons). 1.2 Choice of Jurisdiction in Divorce Proceedings Jurisdictional Competence for Divorce In cases involving foreign elements (such as the for ‑ eign nationality of the parties), the Belgian court will apply the rules of its private international law. In terms of jurisdiction, the court will apply: • the Council Regulation (EC) No 2201/2003 of 27 November 2003 (the “Brussels II bis Regulation”) for applications lodged before 1 August 2022; or • the Council Regulation (EC) 2019/1111 of 25 June 2019 (the “Brussels II ter Regulation”) (Article 3 – habitual residence and nationality) for divorce applications lodged on or after 1 August 2022. particularly in the event of: • a lack of valid consent; or
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