Family law lawyer
Family law is an ever-evolving branch of law. This is also necessary in view of an ever-changing society. Family law is also very extensive. Just think of a marriage or divorce, maintenance money for the children or between partners… these are all aspects that everyone will sooner or later be confronted with. In that case, it is best to have a specialized family law lawyer assist you.
Do I need a family law attorney or lawyer?
A family law lawyer acts in the family relations and powers of persons. Personal and family law mainly concerns marriage, divorce, parentage or inheritance.
In the first place, the lawyer can act as an advisor or mediator. Particularly in family law, it is of crucial importance to strive for a solution in which all parties feel good. It has been shown that agreements in which parties had a share are often better followed than when they were educated by a third party.
If the parties do not succeed in reaching a solution among themselves or through mediation, the judgment of the Family Judge is imperative. The lawyer can initiate legal proceedings, compile the file and plead for you in court.
Depending on the needs of the client, it is always advisable to call on a lawyer in the event of a family conflict. It is not always easy to be on your own. In addition, there are often also technical aspects to a lawsuit, where the lawyer will guide you as a professional.
Family problems are often very delicate. The relationship with a lawyer is therefore always based on confidentiality. The lawyer must behave in accordance with the Codex Deontology for Lawyers of the Flemish Bar Council and is bound by professional secrecy. Your lawyer cannot therefore simply share data or information with third parties without your permission.
Personal and family law is the part of civil law that deals with descent, birth, marriage and divorce and other matters related to the status, family relationships and powers of persons. Inheritance law is usually regarded as a separate area of law. (Wikipedia) Belgian Law of Persons and Family Law is included in the Civil Code.
Family law is an ever-evolving branch of law. This is also necessary in view of an ever-changing society. Family law is also very extensive and can be divided into many matters or sub-branches. Just think of:
Marriage and matrimonial property
- The divorce
- Maintenance money or alimony for the children or ex-partners
- Parental authority
- Provisional measures
- The liquidation and division after marriage or in the case of an estate
- Hereditary aspects
- Birth and parentage
- Nationality and name change
- Provisional administration
On September 1, 2014, a Family and juvenile court was established within each Court of First Instance. This court is composed of family chambers (the “Family Court”), juvenile chambers (“the juvenile court”), and amicable settlement chambers (“KMS”). In this last room, one will mainly try to reconcile the parties.
In family matters, the lawyer will therefore always have to bring the case to the competent family court, taking into account the interests and claims of his client.
It is important that as soon as an initial case or claim has been initiated in the family court, this court opens a family file. (Art. 725bis Judicial Code) The full history will be included in that file, so that the court has a quick overview of the past even in the event of subsequent claims.
In accordance with art. 757 Ger.W. In principle, family affairs take place in chambers. This means that these are not handled publicly, but behind closed doors. Just think of the claim for subsistence allowance, proceedings regarding parental custody, guardianship …
Op zoek naar een advocaat familierecht?
Tijdens een eerste consultatie wordt uw probleem besproken, waarbij onze advocaten het juridische kader schetsen en de mogelijke oplossingen overlopen.