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Free Guide to Hiring a Family Lawyer
Divorce and separation matters for residents of Hasselt are governed by Belgian federal law, applied locally by the Family and Juvenile Court in the Judicial District of Limburg, division Hasselt. Belgium offers two main routes to end a marriage, divorce by mutual consent and divorce for irretrievable breakdown. The court can also make temporary orders about children, the family home, income, and expenses while a case is ongoing. For unmarried or legally cohabiting partners, there are tailored rules to end legal cohabitation and to arrange parental responsibilities. Proceedings in Hasselt are conducted in Dutch, and judges encourage negotiated solutions and mediation wherever possible.
A lawyer can help you understand your rights, choose the appropriate divorce route, prepare agreements that meet legal standards, and represent you before the Family Court in Hasselt. People typically seek legal help when they need to negotiate or litigate parenting schedules and child support, address spousal maintenance, divide property and debts, deal with the family home or a business, protect against domestic violence, resolve cross-border issues, or formalize a mutual consent divorce so the court can approve it efficiently. A lawyer can also help with urgent interim measures, enforce or modify orders, and coordinate with a notary for liquidation and division of the marital estate.
Grounds for divorce. Belgium recognizes two routes. Divorce by mutual consent, where both spouses submit a comprehensive agreement that covers property, spousal maintenance, and all child related arrangements. Divorce for irretrievable breakdown, which can be proven by serious facts showing the marriage has failed, by de facto separation for at least 6 months if both spouses apply, or by de facto separation for at least 1 year if only one spouse applies.
Jurisdiction and language. Cases from Hasselt and surrounding municipalities are handled by the Family and Juvenile Court, Judicial District Limburg, division Hasselt. Proceedings are in Dutch. International families may have additional EU jurisdiction and applicable law rules, which your lawyer can address.
Children. Parental authority is usually joint after separation. The court decides residence and contact based on the child’s best interests, considering stability, care capacity, schooling, and the ability of parents to cooperate. Child support is based on the child’s needs and each parent’s resources. Belgium has an enforcement service, the Child Support Collection Service known as DAVO, that can help collect unpaid support.
Spousal maintenance. After divorce, maintenance for an ex spouse is possible but not automatic. The court looks at need and means, the duration of the marriage, and relevant circumstances. Maintenance is generally limited in time and may not exceed one third of the paying spouse’s income. Serious misconduct can affect entitlement. Spousal maintenance is usually taxable for the recipient and partly tax deductible for the payer under specific conditions.
Matrimonial property regimes. If there is no prenuptial agreement, the default regime is community of acquisitions, where property acquired during marriage is common, while premarital assets and personal gifts or inheritances remain separate. If spouses signed a contract, they may have separation of property or another regime. Liquidation and division of assets and debts often involves a notary. The family home can be allocated for use to one spouse during proceedings, and sale or buyout can be arranged or ordered later.
Domestic violence and protection. Urgent protective measures are available. Authorities can impose a temporary barring order on a violent partner and the Family Court can issue protective and occupancy orders to safeguard the victim and children.
Legal cohabitation and unmarried partners. Legal cohabitation can be ended by a declaration at the town hall or by court decision in some cases. Parenting and child support rules apply equally to children of unmarried parents. Property issues depend on contributions and agreements between partners.
Mediation and settlement. Family mediation is encouraged and can be conducted by a recognized mediator. If an agreement is reached, it can be submitted to the Family Court for approval, which gives it enforceable effect.
Costs and timing. Timelines vary based on complexity. A mutual consent divorce can be finalized relatively quickly once the file is complete. Contested cases can take several months to more than a year, especially if expert valuations or notarial liquidation are needed. Court registry fees apply, and legal aid may be available for those who qualify.
There are two main types. Divorce by mutual consent, where spouses fully agree on all consequences and file their agreements for court approval. Divorce for irretrievable breakdown, proven by serious facts or by de facto separation of at least 6 months if both spouses request divorce, or at least 1 year if only one spouse requests it.
No, separation is not required for divorce by mutual consent. For irretrievable breakdown without serious facts, de facto separation can establish the breakdown, 6 months for a joint request, 1 year for a unilateral request.
A complete mutual consent file can be approved in a relatively short time once it reaches the court. Contested cases vary widely, often several months to more than a year, depending on evidence, expert or notary involvement, and court schedules.
The court applies the child’s best interests. It evaluates stability, continuity of care, schooling, health, each parent’s availability, the child’s relationship with each parent and siblings, and the ability of parents to cooperate. Joint parental authority remains the rule unless there are serious reasons to restrict it.
Child support depends on the child’s needs, the standard of living, and both parents’ financial capacity. The court can apportion regular payments and exceptional costs. If payments are not made, the Child Support Collection Service, known as DAVO, can help recover arrears under conditions.
Possibly. Spousal maintenance after divorce is not automatic. The court looks at need and means, length of marriage, and circumstances. It is usually time limited and capped at one third of the payer’s income. Serious misconduct can lead to a reduction or refusal.
During proceedings, the court can grant temporary occupancy to one spouse. In the division phase, the home can be sold, or one spouse can buy out the other. If the home is part of the common estate, a notary typically supervises the liquidation and division.
Yes, even with full agreement, the Family Court must approve a mutual consent divorce and the parenting arrangements. A lawyer or mediator can help draft compliant agreements so the court can approve them without delay.
The Family Court in Hasselt can have jurisdiction based on residence or nationality, and EU regulations may apply. International elements affect service of documents, applicable law, and recognition of the judgment abroad. A lawyer with cross border experience is advisable.
Legal cohabitation can be ended by a joint or unilateral declaration at the municipality or by court decision in certain disputes. Parental authority and child support issues are handled by the Family Court, similar to cases involving married parents.
Family and Juvenile Court, Judicial District Limburg, division Hasselt. Handles divorce, parental matters, and protective measures.
Balie Limburg, the Limburg Bar Association. Can refer you to family law attorneys in the Hasselt area.
Bureau voor Juridische Bijstand Limburg, legal aid office. Assesses eligibility for partially or fully subsidized legal assistance.
Orde van Vlaamse Balies, Flemish Bar Association. Information on recognized mediators and legal professionals.
Federale Overheidsdienst Justitie, Federal Public Service Justice. General information on family mediation, divorce procedures, and court organization.
Notaris, Royal Federation of Belgian Notaries. Guidance on matrimonial regimes, liquidation and division, and property transfers.
Dienst voor Alimentatievorderingen DAVO. Public service that can help collect unpaid child support and certain maintenance payments.
CAW Limburg, Center for General Welfare. Support for families, victims of domestic violence, and practical guidance during separation.
Huis van Justitie Limburg, House of Justice. Information and support regarding victims assistance and justice related services.
City of Hasselt, Population and Civil Affairs. Formalities for marital status, legal cohabitation, and address registration after separation.
Clarify your goals and situation. Decide whether mutual consent is realistic or whether a contested route is likely. List key issues, children, housing, finances, and any urgent safety concerns.
Gather documents. Identification, marriage certificate, children’s birth certificates, proof of residence, income and tax records, bank and loan statements, property and mortgage deeds, insurance policies, and any prenuptial agreement.
Seek early legal advice. Consult a family lawyer in Hasselt to map your options, timelines, costs, and strategy. Ask about legal aid if your means are limited.
Consider mediation. A recognized family mediator can help build a parenting plan and financial agreement that the court can approve, often saving time and cost.
Address urgent issues. If needed, ask the Family Court for interim orders about residence, contact, maintenance, or protection. Keep records of expenses and communications.
Plan the financial settlement. Identify the matrimonial regime, list assets and debts, and anticipate notary involvement for liquidation and division.
Prepare for the hearing. Your lawyer will file the petition or joint request in Dutch and guide you through any hearings or inquiries by the Family Court in Hasselt.
Follow through on enforcement and updates. Once orders are made, set up payments, adjust insurance and beneficiaries, update registrations, and seek modifications if circumstances change.
Every case is unique. Local family lawyers and mediators in Hasselt can tailor the approach to your family’s needs and help you reach a durable solution under Belgian law.
