BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien
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 registry records; • for the parties, with regard to the personal effects of the divorce, from the date on which the decision 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 certain conditions. Timeline Divorce proceedings based on irretrievable breakdown can take between six months and one year. If an appeal is lodged against the deci - sion 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 confirming 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 irre - trievable breakdown may be filed:
Irretrievable breakdown may be proven by other facts, such as duly established acts of domestic violence, adultery, or any other fact that makes it impossible to resume or continue living together. In some cases, the court may order the parties to appear in person at the hearing. In addition, the application initiating proceedings may also contain: • requests for urgent and provisional measures concerning the parties and any minor children (or children still in education) for the duration of the divorce proceedings; • a request for the appointment of a notary to carry out the liquidation of the matrimonial property regime once the divorce has been granted by the judge; and • a claim for post-divorce maintenance in favour of one of the parties. These other claims may also be lodged sepa - rately, following the application for divorce. 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 registry records; • for the parties, with regard to the personal effects of the divorce, from the date on which the decision 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 filing of the divorce application or serving the divorce summons. An appeal may be lodged before the appellate court.
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