Anne Decortis
Lawyer at the Brussels Bar
Me Decortis' firm has developed its expertise in matters of divorce or separation, with all the consequences that these events entail (child custody , alimony , division of property, etc.)
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I. DIVORCE
There are two forms of divorce in Belgian law: divorce by mutual consent and divorce for irremediable desunion.
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However, in the cabinet, we prefer to speak of "consensual divorce", that is to say the one where the two spouses decide to end their union without this necessarily leading to "war", and of "conflictual divorce. ", that is to say the one where one of the spouses refuses any dialogue or any agreement.
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Whether you choose the consensual or conflictual path, Me Decortis will seek above all an amicable solution. But when that proves to be impossible, she will not hesitate to defend your rights, calmly and pugnaciously.
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1. CONSENSUAL DIVORCE
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Divorce by mutual consent assumes that you agree on all the points concerning the children, the financial aspects, the common property. All these points must be detailed in detail in divorce agreements, which Me Decortis will prepare for you.
Learn more about Divorce by Mutual Consent.
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However, there is another consensual divorce procedure if you and your spouse have been able to maintain a cordial and respectful atmosphere.
Me Decortis will explain the ins and outs of each procedure to you to decide together the procedure that suits you best!
Download here the list of documents to provide to your lawyer.
2. CONFLICT DIVORCE
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Either when the spouses still manage to communicate, agree on certain points but not on others, or when no agreement is possible, a lawyer is essential.
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Divorce can be obtained in several ways: either by proving that the continuation of the common life is objectively no longer possible due to the behavior of one of the parties, or by the passage of time, or by repeating twice in court the desire to divorce.
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Learn more about divorce for irremediable disunity .
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Along with divorce as such, measures concerning children, residence, alimony and property must be resolved urgently.
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We will first seek to identify at least a few points of agreement.
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Regarding the custody of children, alimony, parental authority, go here .
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Regarding the liquidation of the matrimonial regime, that is to say the distribution of common property, go here.
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Download here the list of documents to provide to your lawyer.
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II. THE SEPARATION
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The separation of an unmarried couple causes de facto the same problems as in the context of a divorce, namely child custody, alimonies etc.
When the parties have made a declaration of legal cohabitation with the municipality, they may declare the end of this cohabitation to the same service. If only one makes this declaration of the end of legal cohabitation, it will have to be served on the other by way of a bailiff.
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1. CHILDREN CUSTODY
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Egalitarian custody, exclusive custody by one of the parents, main custody with a right of visit by the other parent... everything is possible, nothing is set in stone, and it all depends on multiple factors, such as the age of the child, parents' availability, geographical distance between them, etc.
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An agreement between the parents will always be sought and privileged because it is the preferred solution for any child.
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If there is no possible agreement, the case will be taken to a judge and it will then be crucial to convince that judge of the merits of the parent's request. The client and the lawyer work closely together because the client must provide all the evidence that will allow the lawyer to develop the legal arguments.
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The judge will first examine the possibility of egalitarian custody.
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Children over 12 are automatically contacted by the Family Judge in order to offer to be heard without his/her opinion necessarily binding on the judge.
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2. ALIMONIES FOR CHILDREN
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One of the parties may be ordered to pay a maintenance contribution for the child, even in the event of equal custody.
The amount of a food contribution will be determined according to the income of each of the parents, the child's budget and the type of custody.
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These aliminies will be indexed each year.
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Download here the list of documents to provide to your lawyer.
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3. PARENTAL AUTHORITY
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Parental authority is generally shared between parents, i.e. any decision relating to the education, health, philosophical, academic, professional or religious orientation of the child (ren) must be taken by both parents together.
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In the event of disagreement, for example on the choice of school, the relocation of a parent to another country, the relocation of a child ... the Family Judge will step in to take the decision in place of the parents. !
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This principle of parental authority also includes the prohibition on each parent to leave the territory with the child without the prior written authorization of the other parent, in order to avoid any child abduction.
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Parental authority can, in the case of serious circumstances, be exercised exclusively by a single parent.
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What happens when a court decision concerning the couple's child or children is not respected by one of the parents?
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If it is a decision of child custody that is not respected, we can return to the court to ask that the "recalcitrant" parent be ordered to respect the accommodation of the child by the other parent under penalty.
If nothing helps, the criminal route remains: no-show or kidnapping of a child, or abandonment of the family, all procedures that may ultimately lead to imprisonment.
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The firm is located in Brussels but Maître Decortis deals with family cases before all French-speaking civil courts of Belgium.
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A large part of the case can be handled remotely, without having to travel.
