BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien
Regulations) recognise the concept of lis pen - dens. Under certain conditions, this may justify an application for a stay of proceedings to the Belgian court that is handling a divorce applica - tion, where another foreign court has previously been seized of the same divorce application. In divorce cases where the Brussels II ter Regu - lation applies, Article 20 states the following. • “Where proceedings relating to divorce, legal separation or marriage annulment between the same parties are instituted before courts of different member states, the court second seized shall of its own motion stay its pro - ceedings until such time as the jurisdiction of the court first seized is established.” • “Where the jurisdiction of the court first seized is established, the court second seized shall decline jurisdiction in favour of the court first seized. In that case, the party who insti - tuted proceedings before the court second seized may bring those proceedings before the court first seized.” • “Where a court of a member state on which an acceptance of jurisdiction as referred to in Article 10 confers exclusive jurisdiction is seized, any court of another member state shall stay the proceedings until such time as the court sei[z]ed on the basis of the agree - ment or acceptance declares that it has no jurisdiction under the agreement or accept - ance.” • “Where and to the extent that the court has established exclusive jurisdiction in accord - ance with an acceptance of jurisdiction as referred to in Article 10, any court of another member state shall decline jurisdiction in favour of that court.” In divorce cases where the Belgian Code of Pri - vate International Law applies (because no EU
or other international instrument applies), Article 14 of this code states the following: “Where a claim is pending before a foreign court and it is foreseeable that the foreign decision will be likely to be recognised or enforced in Belgium, the Belgian judge seized subsequently of a claim between the same parties involving the same cause of action may stay the proceedings until the foreign decision has been given. [The judge] shall take into account the requirements of the good administration of justice. [Jurisdiction shall be declined] where the foreign decision is likely to be recognised by virtue of this law.” 2. Financial Proceedings 2.1 Choice of Jurisdiction In family matters, a variety of financial claims can be made, including: • liquidation of the matrimonial property regime and division of matrimonial property after a divorce; • maintenance between spouses (during the marriage) or between ex-spouses (after the divorce); and • child support. In Belgium, the grounds for jurisdiction to com - mence financial proceeding in family matters vary based on the specific financial claim. For each claim, it is necessary to check that the court seized has jurisdiction, both internationally and under domestic procedural law. The claims concerning child support will be discussed in 3. Child Law . Grounds for Jurisdiction In cases involving foreign elements, the Belgian court will apply the rules of its private interna - tional law.
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