Are YOU married and your relationship is in the doldrums?
Perhaps you are considering divorce.
But how do you begin?
As divorce attorneys, we very often receive clients who have absolutely no idea what options are available to them for divorce.
People often think that every divorce turns into a so-called “fighting divorce” in court where there is arguing about really everything and hanging out the dirty laundry.
However, this absolutely does not have to be the case.
After all, the law offers numerous options for couples to end their marriage without too much difficulty.
Below, we will go over some of the possibilities.
Divorce by mutual consent:
The quickest, cheapest and easiest way to divorce out of wedlock is through what is known as divorce by mutual consent.
As the term implies, in this case both spouses arrange all elements of their divorce entirely by themselves.
In that case, the court will only proceed to a modest review of the documents presented, checking primarily whether all formal documents are before it.
When we are consulted by either spouse or by the couple themselves, we will always investigate whether divorce by mutual consent is a possibility.
As a lawyer, we then go over with our client what the parties are changing their minds about.
Therefore, together with the client, possible avenues for settlement are explored.
In some files this is obviously easier than in others.
If the parties do not get out easily, the law still offers a number of options for achieving what is known as an EOT (divorce mutual consent).
Mediation:
A first option is mediation.
In that case, the parties will jointly appoint a mediator.
This mediator will try to bring the parties closer together.
Therefore, if successful, the mediator will work with the parties to prepare the necessary documents and then file them with the court.
Often mediators are lawyers though not necessarily so.
Collaborative negotiations:
Another more recent track is that of collaborative negotiation.
This is a special form of negotiation conducted by lawyers who have received special training.
What is special about this procedure is that the collaborative lawyers will try to reach a mediated solution together with the clients.
They do this thanks to a special method of negotiation.
If this fails, the parties will have to choose another lawyer to conduct the divorce proceedings.
After all, the collaborative negotiator may not act as the parties’ attorney in subsequent divorce proceedings.
This should provide assurance to the parties that the collaborative negotiator will make every effort to make the negotiations successful on the one hand, and on the other hand, that the information exchanged in the collaborative negotiations will not be used in any subsequent divorce proceedings.
Again, this should give parties the opportunity to be open without fear that certain information will be used in subsequent proceedings.
Intervention of a notary public:
In some cases, parties will also need to use a notary public.
This is especially true when there is real estate to be divided.
In that case, the notary will work with the parties and their attorneys, if any, to draft the agreement between the parties.
Classic divorce proceedings:
If an EOT is not a possibility, one of the parties will have to take the initiative to initiate proceedings in the Family Court.
Is there a fighting divorce then?
This absolutely does not have to be the case.
Even when litigating in court, the law provides a number of ways to avoid conflict.
The courts’ main resource is the amicable settlement rooms, or KMS.
This is like a procedure within a procedure.
If both parties agree, they can ask the court to have the case heard before such a chamber.
This chamber is then chaired by a magistrate other than the one who will have to judge if no agreement is reached.
For the chamber amicable settlement, it will be examined whether partial agreements cannot be reached between the spouses.
All KMS discussions are confidential.
If partial agreements are reached, the KMS President will include these agreements in a ruling.
This judgment has the same value as a classic judgment.
If a full agreement cannot be reached, the court will only have to rule on the points of contention that remain.
As You can see, the legislature provides numerous ways to avoid a divorce that would turn into a fighting divorce.
However, it is of utmost importance that you seek the assistance of a specialized lawyer for divorce in Antwerp.
Do you have questions about divorce?
Contact Peterfreund & Associates, your attorney ANTWERPEN.
