BELGIUM Law and Practice Contributed by: Larissa De Wulf and Carolyn Vanthienen, Tiberghien
must be asked to declare this decision enforceable (Article 38 of the Lugano Convention). If none of the other international instruments apply, the Belgian Code of Private International Law prevail and the enforcement of an authentic document or decision concerning spousal maintenance requires judicial intervention, which is initiated by a petition to the family court. 2.8 Media Access and Transparency in Financial Proceedings Court hearings are open to the public. This implies that the courtroom doors remain open, allowing not only involved parties but also members of the public (including journalists) to enter. However, the law specifically mandates for certain proceedings to be held behind closed doors, such as: • judicial conciliation proceedings addressing the claims of the spouses regarding their mutual rights and obligations and their matrimonial property regime; • judicial proceedings concerning divorce or legal separation; and • judicial proceedings concerning legal claims related to these proceedings, if they are dealt with at the same hearing (and, therefore, also proceed ‑ ings related to the liquidation/division of matrimo ‑ nial property). In addition, there is also a specific provision to protect the privacy of the spouses in the case of a divorce on the grounds of irretrievable breakdown (and any associated claims for spousal maintenance and liqui ‑ dation/division of assets). This is because reporting of such cases in the media is prohibited under penalty of a fine and/or imprisonment. 2.9 ADR in Financial Matters Belgian law recognises the concepts of mediation, collaborative negotiation and arbitration. Mediation Out-of-court mediation is conducted separately from court proceedings. The parties choose by mutual agreement to use a third party (the mediator) to help
them resolve their dispute. After reaching an agree ‑ ment, the parties can either content themselves with this agreement or reinforce its impact by having it made enforceable. If the parties or one of the par ‑ ties so wishes, a court will homologate the mediation agreement. To do so, the parties must have used an authorised mediator. Judicial mediation happens in the context of a court case where the court can order mediation ex officio unless both parties oppose it. This form of mediation can also take place at the request of one or both par ‑ ties. In this case, court proceedings are suspended so that the parties can find a solution to the dispute together through mediation. In family cases, the court is required by law to promote an amicable resolution of disputes at any stage of the proceedings. With a view to reconciliation, the case can be submitted to the Family Court’s amicable settlement chamber. Once they have reached an agreement, the agreement will be included in a judgment that will be ratified by the court and will be enforceable. Collaborative Negotiation A collaborative negotiation is a negotiation between parties, each assisted by a lawyer who has undergone special training and has been recognised as a collabo ‑ rative negotiator. If the process is successful, the par ‑ ties sign an agreement that can be submitted by the parties’ lawyers to the competent court for approval. Arbitration Parties having a dispute may agree to resort to an arbitral tribunal. This allows the parties to have their dispute resolved not by the courts of law but, rather, by one or more arbitrators chosen and remunerated by the parties. The arbitral tribunal makes an arbitra ‑ tion award after hearing the parties and studying the documents communicated on file.
3. Child Law 3.1 Choice of Jurisdiction in Children Proceedings
In cases with international elements, Belgian private international law determines the jurisdictional rules applicable to the Belgian courts.
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