Best Family Lawyers in Herentals

About Family Law in Herentals, Belgium

Family law in Herentals, a municipality in the province of Antwerp, Belgium, covers a wide range of legal matters related to relationships and family units. This area of law deals with marriage, divorce, child custody, parental authority, alimony, adoption, and inheritance. Belgian family law is governed primarily by the Civil Code and is applied uniformly across the country, though local courts and practitioners can provide services tailored to the specific needs of Herentals residents. Whether you are facing a familial conflict or planning significant life changes, understanding the basics of family law can help you make informed decisions.

Why You May Need a Lawyer

Legal matters involving family can be complex, sensitive, and emotionally challenging. Here are common situations where individuals in Herentals often seek legal help in family law:

• Filing for divorce or legal separation
• Arranging child custody agreements or resolving disputes
• Seeking or contesting alimony or spousal support
• Resolving issues related to parental authority and child recognition
• Handling domestic violence or protection orders
• Managing inheritance and succession issues
• Adoption procedures, both domestic and international
• Drafting prenuptial or cohabitation agreements

In these scenarios, a lawyer can clarify your rights, represent you in negotiations or court, and help you navigate the legal process efficiently and respectfully.

Local Laws Overview

Belgian family law is codified in the Civil Code and applies throughout the country, including in Herentals. Here are some key aspects relevant to family law:

• Marriage and civil partnership: Belgian law allows both opposite-sex and same-sex couples to marry or enter into legal cohabitation agreements.
• Divorce: Belgium recognizes both mutual consent divorce and contested divorce, with specific procedures and waiting periods.
• Parental authority: Married parents automatically have joint parental authority over their children, even after divorce, unless a court decides otherwise.
• Child custody and support: The law prioritizes the child’s best interests, with arrangements made for residence, visitation, and financial support.
• Alimony: Spousal maintenance may be awarded based on need and circumstances, for a limited duration or until the receiving spouse is self-sufficient.
• Adoption: Both individual and joint adoption are possible for residents, subject to investigation and judicial approval.
• Inheritance: Belgian law uses a system of forced heirship that reserves a portion of the estate for children and spouses.
• Domestic violence: Victims can obtain protective measures and urgent court intervention for their safety and that of their children.

Family law judges are part of the Family and Juvenile Court, which is competent for applying these rules and resolving disputes in Herentals and surrounding areas.

Frequently Asked Questions

What are the grounds for divorce in Belgium?

Divorce can be granted by mutual consent, or for irreconcilable differences, provided certain legal procedures are followed. Evidence of persistent conflict or separation is required in the latter case.

Who decides child custody after divorce?

Both parents typically retain joint parental authority. If they cannot agree on arrangements, the Family Court in Herentals will decide according to the best interests of the child, considering input from both parents and, when appropriate, the child.

How is child support calculated?

Child support depends on the financial resources of each parent, the child’s needs, and established living standards. Experts or mediation can be involved, or the court can make a decision if parents disagree.

Can I get legal aid if I cannot afford a lawyer?

Yes, Belgium offers a system called "pro deo" legal assistance. If you meet certain financial criteria, you may receive free or low-cost legal support from approved lawyers.

Is mediation required before going to court for family disputes?

While not always mandatory, family law judges in Herentals often encourage mediation as a way to resolve disputes amicably, especially regarding children.

Can grandparents claim visitation rights?

Yes, under Belgian law, grandparents have the right to request visitation with their grandchildren. Courts decide based on the child’s best interests.

How are assets divided during divorce?

Division depends on the marital property regime selected (community, separation of property, or other). Generally, property acquired during marriage is divided according to agreed terms or as decided by the court.

How long does a typical divorce process take?

A divorce by mutual consent can take several months, while contested divorces may take much longer depending on complexity and any disputes over children or property.

What should I do if I am a victim of domestic violence?

Contact local police or a specialized support center immediately. You can also request urgent protective orders from the Family Court, which can include exclusion of the perpetrator from the family home.

Can unmarried couples have legal protection in Belgium?

Yes, legal cohabitation provides certain rights similar to those of married couples, such as regarding inheritance, tax, and property matters, though there are differences to be aware of.

Additional Resources

For those seeking more information or immediate help, consider these resources:

• Family and Juvenile Court in Turnhout (jurisdiction for Herentals)
• Public Center for Social Welfare (OCMW/CPAS) in Herentals for social and legal assistance
• Legal Aid Bureau in the judicial district of Turnhout for pro deo legal advice
• Family Mediation services to help resolve disputes amicably
• Houses of Justice (Huis van Justitie) for support and guidance in family matters
• Child Focus for child abduction, missing children, or child protection issues
• Police and crisis shelters for urgent help regarding domestic violence

Next Steps

If you need legal assistance in family matters in Herentals:

• Gather all relevant documents such as marriage certificates, court decisions, and financial records.
• Consider whether mediation could help before resorting to court proceedings.
• Contact a qualified family law lawyer in the region for a consultation. Many offer initial advice to outline your rights and options.
• If you have limited income, enquire about pro deo legal aid to access affordable representation.
• Do not hesitate to reach out to local authorities or social services if safety issues are involved.

Timely legal guidance ensures your interests and those of your family are protected. It is always recommended to seek professional advice tailored to your specific situation.