Best Divorce & Separation Lawyers in Hasselt

About Divorce & Separation Law in Hasselt, Belgium

Divorce and separation in Hasselt are handled by the Family Court of Limburg - Hasselt division and governed by Belgian law. Belgium offers two main routes to end a marriage. The first is divorce by mutual consent, which is based on a comprehensive written agreement between the spouses covering property, housing, any spousal maintenance, and arrangements for children. The second is divorce for irretrievable breakdown, which can be proven either by living apart for a legally significant period or by presenting facts that make continued cohabitation impossible. There is also legal separation, called separation from bed and board, which preserves the marriage but separates property and finances and can later be converted to divorce. Family mediation is widely encouraged in Flanders, and the court can issue interim measures about children, finances, and use of the family home while a case is ongoing.

Why You May Need a Lawyer

People in Hasselt often seek a lawyer when they need to choose the correct type of divorce, negotiate a parenting plan, or evaluate fair child support and spousal maintenance. Legal help is especially important when property must be divided, such as the family home, pensions, a family business, or debts, because Belgian rules on liquidation and partition are technical and often require a notary. If one party refuses to cooperate or there are urgent issues such as domestic violence, parental abduction risk, or asset dissipation, a lawyer can request protective or interim measures swiftly. International families living in Hasselt frequently need advice about which country has jurisdiction, which law applies, and how a judgment will be recognized across borders. Even in a low-conflict divorce by mutual consent, a lawyer helps draft enforceable agreements that the court will approve and that prevent disputes later.

Local Laws Overview

Divorce by mutual consent, known as echtscheiding door onderlinge toestemming, requires spouses to file a joint petition with comprehensive agreements on all consequences of the divorce. Agreements addressing real estate or other registrable assets may require notarial deeds. The Family Court reviews the content for legality and the best interests of the child, then homologates the agreements to make them enforceable. This route is generally faster when the spouses have aligned expectations.

Divorce for irretrievable breakdown, known as echtscheiding op grond van onherstelbare ontwrichting, does not require mutual agreement. The breakdown can be established by serious facts or by living separately for a sufficient period. If both spouses petition, a shorter period of separation can be enough. If only one spouse petitions, a longer separation period may be required. The court can also find breakdown based on facts that make continued cohabitation impossible. During the case the judge can order temporary measures about residence, parental arrangements, and financial support.

Matrimonial property is governed by the couple’s regime. Without a prenuptial agreement, Belgium applies the legal community regime, where assets acquired during the marriage are generally common while pre-marital and personal assets remain separate. Upon divorce the community is liquidated and divided, typically under the supervision of a notary appointed by the Family Court. Spouses who opted for separation of property remain individually responsible for their assets and debts, but there may still be compensations between them.

Parental authority is in principle joint after separation. The court determines where the children will primarily reside or whether alternating residence is suitable, always based on the best interests of the child. Child support is calculated according to the needs of the child, each parent’s financial capacity, and the time the child spends with each parent. Support is usually indexed annually. The Federal Service for the Recovery of Maintenance Claims, called DAVO or SECAL, can assist with collection and can advance payments for children in specific circumstances.

Spousal maintenance after divorce is possible but limited. It depends on the needs of the requesting spouse and the paying spouse’s means, typically for a duration not exceeding the length of the marriage, except in exceptional cases. The court may reduce or refuse maintenance in cases of severe fault that made living together impossible. Maintenance can be indexed and may cease if the recipient remarries or starts a stable cohabitation similar to marriage.

Hasselt cases are heard in Dutch before the Familierechtbank Limburg. Filing and hearing procedures follow Belgian civil procedure, including service by bailiff where required, payment of registry fees, and the possibility of appeal. Mediation by an accredited family mediator can be proposed at any stage, and settlements reached in mediation can be approved by the court. EU rules apply to jurisdiction and recognition of judgments for international families, and Belgian law participates in the EU framework governing applicable law to divorce and maintenance.

Frequently Asked Questions

What are the main types of divorce available in Hasselt

There are two. Divorce by mutual consent is a joint filing with full written agreements on property, housing, spousal maintenance, and child arrangements. Divorce for irretrievable breakdown can be requested even without the other spouse’s agreement and is proven by a period of separation or by serious facts showing that the marriage has broken down. The Family Court of Limburg - Hasselt division hears both types.

How long does a divorce take

Timeframes vary. A well prepared mutual consent case can be finalized within a few months, depending on court scheduling and how quickly comprehensive agreements are filed. A contested irretrievable breakdown case usually takes longer because evidence must be presented and interim measures may be necessary. If the ground is a period of separation, the legal waiting period must be met before final judgment.

Do I need a lawyer for a mutual consent divorce

The law does not force you to have a lawyer, but in practice each spouse often has their own lawyer to avoid conflicts of interest and to ensure the agreements are valid, balanced, and enforceable. Where real estate or complex assets are involved, a notary may also be required for the property aspects.

How are children’s living arrangements decided

The court prioritizes the child’s best interests. Parents can propose a parenting plan for approval. Arrangements can include primary residence with contact rights or alternating residence if suitable. The judge considers the parents’ cooperation, proximity, continuity of school and care, the child’s age and needs, and any special circumstances such as health or safety concerns.

How is child support calculated

Child support is based on the needs of the child and the means of each parent, along with the time the child spends with each parent and tax considerations. Courts may refer to common calculation methods and take into account ordinary and extraordinary expenses. Orders are usually indexed annually. Support is paid to the parent who bears the majority of daily costs or as otherwise agreed and approved by the court.

Can one spouse receive maintenance after divorce

Yes, but it is not automatic. Post-divorce maintenance depends on need and the other spouse’s ability to pay. The duration is typically limited and may not exceed the length of the marriage except in exceptional cases. The amount can be adjusted if circumstances change and usually ends if the beneficiary remarries or enters stable cohabitation.

What happens to the family home

During the proceedings, the judge can grant one spouse exclusive temporary use of the family home. In the final settlement, the home is either allocated to one spouse with compensation to the other, sold and the proceeds divided, or otherwise distributed as part of the liquidation of the matrimonial regime. Both spouses must consent to sell or mortgage the family home during the marriage, regardless of the property regime.

How are assets and debts divided

Division depends on the matrimonial property regime. Under the default legal community regime, assets and debts acquired during the marriage are usually common and are divided at the end. Under separation of property, each spouse keeps their own assets and debts, although balancing payments are possible. A notary is commonly appointed to carry out liquidation and partition, and the court resolves disputes that arise in that process.

What if my spouse will not agree to divorce

You can file for divorce based on irretrievable breakdown. The court can declare the marriage irretrievably broken after a sufficient separation period or based on serious facts. The judge can also impose interim measures to manage finances, housing, and parenting while the case proceeds.

We are an international couple living in Hasselt. Which law applies

Jurisdiction in EU family cases is governed by EU rules based mainly on habitual residence. Belgium participates in EU rules that may allow spouses to choose the applicable law to divorce in advance or at the start of proceedings in some situations. Maintenance and parental responsibility are also subject to EU instruments. A local lawyer can assess jurisdiction, applicable law, and recognition issues to avoid parallel or conflicting proceedings.

Additional Resources

Familierechtbank Limburg - Afdeling Hasselt, the Family Court handling divorce and parental cases for the Hasselt area.

FOD Justitie - SPF Justice, information on divorce procedures, mediation, and calculation of maintenance contributions.

DAVO - SECAL, the federal service for the recovery and advance payment of maintenance claims.

Balie Limburg, the local Bar Association providing legal first-line assistance and information on subsidized legal aid.

Federatie van het Notariaat - Notaris.be, for information about matrimonial property regimes, notarial deeds, and liquidation and partition.

CAW Limburg, the Centre for General Welfare offering support in situations of domestic conflict or violence and guidance to specialized services.

Agentschap Opgroeien and local youth and family services in Limburg, for parenting support during and after separation.

Next Steps

Start by identifying which route suits your situation. If you can agree on property and parenting, discuss a mutual consent divorce and begin drafting comprehensive agreements. If agreement is unlikely or urgency exists, discuss an irretrievable breakdown filing and any interim measures needed to protect children, housing, and finances. Gather key documents early, including marriage and birth certificates, proof of residence, income records, bank statements, mortgage and loan information, property deeds, insurance policies, and any existing agreements.

Schedule a consultation with a Hasselt family lawyer to assess jurisdiction, applicable law, your rights and obligations, likely timelines, and costs. Ask about mediation options to narrow disputes. If your means are limited, contact Balie Limburg regarding first-line advice and subsidized legal aid. Where real estate or complex assets are involved, coordinate with a notary for valuation and partition planning. If maintenance is or will be due, ask about registration and enforcement, including assistance from DAVO - SECAL if payments are not made.

If safety is a concern due to domestic violence or coercive control, seek immediate protective measures through the Family Court or criminal authorities, and reach out to support services such as CAW Limburg. Throughout the process, focus on the best interests of the children, maintain thorough records of expenses and communications, and ensure that any agreement you reach is reviewed by counsel and homologated by the court to make it enforceable.

This guide provides general information for the Hasselt area. For advice tailored to your circumstances, consult a qualified family lawyer in Limburg.