BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien
1. Divorce 1.1 Grounds, Timeline, Service and Process In Belgium, a couple may live in a free union or opt for a legal status. In the latter case, they may opt for registered partnership (legal cohabitation) or marriage. Only civil marriage is legally recognised in Bel - gium and confers married status with all the rights and obligations that entails. Religious marriage is not legally recognised in the Belgian legal system. A marriage may be between het - erosexual or homosexual couples. When a married couple’s relationship ends, either spouse may apply for a divorce, under the conditions set out here. However, they may also decide not to apply for a divorce (or not immediately), but instead to opt for a de facto separation or a legal separation. De Facto Separation De facto separation does not require legal pro - ceedings. However, as long as the divorce (or judicial separation) is not final, the spouses remain married and continue to be bound by their obligations arising from the marriage (eg, duty to cohabit and duty to provide mainte - nance). Consequently, if one of the spouses fails to fulfil their obligations (eg, regarding mainte - nance), the other may apply to the court for pro -
ried but their rights and duties as spouses are reduced. Divorce Divorce is one of the ways of terminating a marriage. It can be requested from the family court, either by one spouse or by both spouses together (this is known as “divorce on grounds of irretrievable breakdown”). Divorce can also be agreed upon between the parties and pro - nounced by the court at their request (this is known as “divorce by mutual consent”). There is no longer a fault-based divorce in Bel - gium. Nevertheless, the question of fault may reappear in maintenance debates between ex- spouses in certain cases, or to establish irretriev - able breakdown. Divorce on grounds of irretrievable breakdown The family court may grant a divorce if it estab - lishes that the spouses’ relationship has irre - trievably broken down. Disunion is irretrievable when it makes it reasonably impossible for the spouses to continue living together or to resume living together. Irretrievable breakdown may be proven by any legal means. The law considers that irretrievable breakdown is established, either: • when the application for divorce is made jointly by the two spouses after more than six months of de facto separation or, when this application is repeated, the second time being three months after the initial hearing; or • when the application is made by one spouse after more than one year of de facto separa - tion or, when it is repeated, the second time being one year after the hearing at which the application was made.
visional measures. Legal Separation
One or both spouses may want to put an end to some of their obligations arising from the mar - riage (eg, cohabitation or fidelity). In this case, they can ask the family court to order a legal separation. In this way, the spouses remain mar -
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