
Lawyer Divorce Antwerp
Whether you are pursuing a divorce by mutual agreement or facing complex legal issues, hiring an experienced attorney is always wise. Even if you and your partner have a good understanding, the emotional and legal aspects of divorce can be complicated.
At Peterfreund & Associates, we have been providing support in divorce for 20 years and understand better than anyone the challenges you face. We are ready to guide you through this difficult time.
In Belgium, the law distinguishes between two forms of divorce:
- A divorce by mutual consent (E.O.T.)
- Divorce based on irreparable dislocation (E.O.O.)
Divorce by mutual consent (E.O.T.)
If you and your partner are still able to communicate well with each other, we recommend having a divorce agreement drawn up. This will set out all agreements regarding movable property, finances, insurance, pensions and alimony. Once both parties agree, we file a petition for divorce with the court.
An E.O.T. has a number of important advantages. The main benefits are:
- It is most cost-effective
- It is the shortest and fastest option
- A variety of court proceedings are avoided, avoiding the negative energy associated with divorce
In a mutual consent divorce, it is advisable for you and your ex-partner to use the same attorney. This saves time and money for both parties.
However, it is important to make sure that there is actually a comprehensive agreement between both spouses. If you have 99% agreement, no E.O.T. can be filed. Therefore, this is a black-and-white story.
Divorce based on irreparable dislocation (E.O.O.)
If there is no possibility of reaching a (full) agreement and you are separating in conflict, it is advisable to hire a personal divorce lawyer. Your lawyer will clarify your position and defend your interests with the other party.
In the case of an E.O.O., one of the spouses can initiate the proceedings. Your divorce attorney will draft a summons and gather convincing arguments and evidence to show that continued cohabitation is impossible. If the irreparable dislocation is clearly demonstrated at the preliminary hearing, the judge may issue the divorce immediately.
In other cases, proceedings are postponed for several months to sometimes a year. To prevent the parties from ending up in a legal vacuum, the court can also impose urgent and provisional measures on both parties. These measures may include who will continue to live in the family home, child access arrangements, child and spousal support, use of the family car, and so on.
The parties may also choose to have the case heard by the Amicable Settlement Chamber (KMS), chaired by a magistrate other than the one adjudicating the case. This magistrate will attempt to mediate between the parties to reach an agreement or partial agreements.
Always engage a lawyer in divorce cases
Although you and your partner may be pursuing a peaceful divorce, there are numerous situations in which it is advisable to hire an attorney. Consider:
- drafting a divorce agreement
- arranging property and finances
- dealing with custody and child support issues
“An experienced family law attorney will rather act as a mediator to represent your interests and strive for a fair settlement that secures your future.”
Cost of a lawyer in divorce cases
We believe it is important to be honest and transparent about divorce attorney fees. These often consist of three elements:
- Attorney’s fees
- Court costs and expenses
- Honor Roll
More about costs can be found in detail on our costs page.
Divorce lawyer in Antwerp
Our attorney team in Antwerp offers expert guidance in all aspects of divorce proceedings, whether it is divorce by mutual consent (EOT) or by irreparable dislocation (EOO). We understand that each situation is unique, and we will handle your case with dedication and care.
Get in touch today. Call +32 (0)476 22 04 02 or fill in the contact form in.