Belgium family law

The civil code in Belgium supervised familial relationships, including marriage, divorce and inheritance. Require the disposal of the Court of Justice, such as in some conflicts of legacy, family law disputes fall under criminal law. Belgian law is used to interpret and apply these codes to specific situations. Free answers to specific questions and free legal advice, call Telebalie (see references). Home and ResidencesA habitual residence of the person is the principal residence of the person - the address registered by the person, that the community and the Government address all the individual letters are addressed. Habitual residence is a person, where a person is physically alive and the bias of the certificates of service providers must be justified or accord is set objective witnesses.Marriage and Belgium DivorceDivorce or not recoverable breakdown.Gay marriage is legal in Belgium. The last common habitual residence of a few Belgian laws on marriage and divorce are location. Belgium marriage requires registration with the community for the civil marriage before a judge. Belgium requires a petition filed divorce. If the application in another country is submitted, Belgium has no competence in proceedings for divorce and Belgian law does not apply.Divorce Belgium, is set to one of the two legal grounds: mutual consent or irreparable breakdown. Fatal ventilation requires that it was a year separation before you ask for a divorce, spousal that was there a separation of six months, and both spouses wants to divorce. or, one or both spouses can prove with proof, it has a real break in the marriage.AlimonyOnce divorced, unless a legal prenuptial Vereinbarung, common property and end sessions divided in equal numbers. Finance prior to marriage or the property and the inherited property remain with the original owner. If one spouse earns less, the other spouse, the SPO orderable more Richesutilisation, "Service fees" or to pay maintenance to the poorer spouse. Free maintenance may only one-third of the income of the spouse numbers alimony. If a spouse Ernst as to blame for the divorce is denied alimony. End of maintenance on remarriage, but not on cohabitation charges. Child maintenance fees are calculated on the basis of the needs of the child and each parent resources. End of the child maintenance is 18 years if the child still in school.CohabitationCohabitation is legally between two people registered, the rights of the individual property common life situations not affected. As a community with a citizen of the European Union the status of the European Union not legal residence/domicile, for not - EU citizens working in Belgium.Inheritance LawsInheritance includes all assets and liabilities of the deceased. If more debts than assets, the heirs can reject inheritance. Unless an entity will be strict Belgian inheritance laws in favour of immediate family members. Inheritance and the inheritance rules apply to each estate someone if domiciled in Belgium. The only exception to this rule is owned by real estate outside the Belgium belonged to the deceased. Legislation on heritage and taxes apply to Belgian property a person if the person who lives outside of Belgium. If there is no Testament Belgium übergeordnetens legacy first the children and grandchildren, and then for parents and their brothers and sisters and their families. InThe Belgian Government receives failing this inheritance. A surviving spouse is marital rights and a life interest in the property of the deceased. All assets acquired after marriage are matrimonial. A life interest (usufruct) is a right of property of a property as dividends, interest or rent.WillsCertain can inherit the inheritance be excluded even if there is a legal obligation. If the deceased has one child, the child inherits at least half of the assets of the deceased. If the deceased two children, two children inherit at least two thirds of the assets. A surviving spouse is still a life interest in at least half of the assets of the deceased. If no children are deceased parents or grandparents a quarter of assets entitled.