Family
No-fault divorce on irretrievable breakdown, in a single family tribunal
The reform of 27 April 2007 removed fault as a ground for divorce and replaced it with irretrievable breakdown (désunion irrémédiable / duurzame ontwrichting) under Article 229 of the Civil Code. Since 1 September 2014 a single family and juvenile tribunal inside each tribunal of first instance handles the whole family file rather than splitting it across courts.
Key rules
- Breakdown can be proved by any lawful means, or presumed by separation: six months where both spouses apply jointly, one year on a single spouse's application.
- Divorce by mutual consent requires a written agreement settling property, residence of the children and any maintenance before the petition.
- Parental authority is joint by default after separation, independently of where the child mainly lives.
- Maintenance for a former spouse is capped at one third of the payer's income and, in principle, at the duration of the marriage.
Governing law
- Civil Code, Article 229 (as amended 27 April 2007)Irretrievable breakdown as the ground for divorce
- Family and Juvenile Tribunal Act (30 July 2013)In force 1 September 2014
- Civil Code, Book 2Progressive recodification of family and matrimonial property law
In practice
Files concerning a couple stay with the same chamber, so later disputes about maintenance or contact return to the judge who already knows the case. Urgent measures on residence and provisional maintenance can be obtained quickly, and family mediation is actively encouraged before contested hearings.