Conflict-reducing divorce: the new operation of the Antwerp family court
Ending a relationship is often accompanied by conflicts over the children. To help parents make a divorce as smooth and conflict-free as possible, the Antwerp Family Court will start a new project from January 2022. In this way, the court wants to evolve into a participation model, focusing on negotiation, mediation and assistance.
How this shift will take place we explain in this article.
Establishment of successor chambers
When parties initiate new proceedings before 2022, the case is first brought before a preliminary hearing room. At this initial hearing, a review of what is going on and, if necessary, high-pressure measures are taken. From there, the case is referred to a pleading chamber, which will hear the case on the merits and decide knots.
To that, the family court now also adds a new track: the follow-up rooms. These are intended for parents who still wish to negotiate, mediate or seek assistance. Their progress is then monitored on a regular basis. This type of session will take place twice a month so that the pleading rooms can focus on cases where no more dialogue is possible.
Preparation KMS sessions
It also happens that parties come to an agreement together under the direction of a specialized judge, this is done in the Amicable Settlement Chamber (also called KMS).
In this KMS, the judge tries to reconcile the parties so that they can come to an agreement among themselves. Here it is not the judge who makes the final decision but the parties themselves, counsel can assist you during these negotiations.
To ensure that such hearings run more smoothly in the future, a preparatory form is being introduced. This allows the parties to state what they already agree on and what the remaining points of contention are. This will keep the debate to the heart of the matter.
Personal presence
The personal presence of both parties again becomes the rule. This allows the judge to inform people about negotiation, mediation, KMS and relief efforts to find out what will help them the most.
The law already provides that parties must be compulsorily present at the preliminary hearing. The judge then gauges whether the parties have first tried to find a solution among themselves. Parents are also required to be present when discussing the children. This will therefore change, from now on the parties must again be present at attend all sessions in person.
Positive evolution
It is absolutely beneficial that the Antwerp family court is now taking the initiative to ensure that parties get the help they need. After all, the mandatory evaluation of family courts, which by law was supposed to happen in 2020, was postponed to 2023.
These innovations should ensure that parties only go to the family court when it is really necessary. A positive evolution, according to our family law specialists, who always advise parties to reach a negotiated solution rather than go to war unnecessarily.
Do you still have questions about this or would like the advice of our specialized lawyers? Then feel free to contact us at info@bannister.be or at 03/369.28.00. Our team is ready to help you.
Eveline Delfosse
Steven Van Geert
