Proposition 52K1517

Projet de loi modifiant certaines dispositions du Code civil et du Code judiciaire en ce qui concerne la procédure de divorce.

General information ¶

Authors

CD&V Katrien Schryvers, Raf Terwingen, Servais Verherstraeten

Submission date

Oct. 24, 2008

Official page

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Status

Adopted

Requirement

Simple

Subjects

civil procedure divorce

Voting ¶

Voted to adopt

Groen CD&V Ecolo LE PS | SP Open Vld N-VA LDD MR FN VB

Abstained from voting

Vooruit

Contact form ¶

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Discussion ¶

April 1, 2010 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, the Justice Committee discussed this bill at its meetings of 10 and 17 March. There were protests from colleagues Marghem, Nyssens, Terwingen and myself.

Ms. Marghem has issued a report on the work of the Family Law Subcommittee, as these bills were initially discussed, Mr. Secretary of State, in our Subcommittee. Mrs Marghem’s report refers to the following. The joint draft legislation no. 1517 and No. 1706 were discussed in the subcommittee on 4 and 11 February, on 25 March, 22 April and 10 June of last year and this year in the committee of 3 March 2010. The content of these bills does not substantially affect the divorce procedure itself. The legislative proposals relate to a number of technical adjustments that are relevant for practice.

The subcommittee obtained written advice from both the OVB, the OBFG and Professor Senaeve. Hearing was also held in the Family Law Subcommittee. Finally, the Subcommittee on Family Law forwarded the text with many amendments to the Committee on Justice.

In the Committee on Justice, Ms. Nyssens stated, inter alia, that these texts are in fact limited to removing “the childhood diseases identified as a result of the application of the law of 27 April 2007 on the reform of divorce”.

Collega Terwingen argued that the legislative amendment is mainly a technical issue and has summarized in a noteworthy summary what the amendments mean. I repeat them here. In the first place, it concerns that the initiation of divorce must take place on a contradictory petition, the initiation in accordance with Article 229, § 2, of the Civil Code.

The second is to ensure that the notification is ⁇ ined. Divorce judgments must be permanently notified in order to allow the appeal period to run.

Finally, the text proposes to equate the cassation period to three months in divorce proceedings, as is the case in other proceedings.

This is, in a nutshell, the result of our work. We approved the text unanimously.

Mrs. Speaker, I thank you for your report.

The floor is yielded to Mr. Terwingen.

I would like to thank the rapporteur for her very comprehensive report. In fact, it is primarily a matter of technical adjustments to the law, which were necessary because in practice it was shown that there were problems in this regard. Mrs Lahaye-Battheu expressed this very well. Since there are no other speakers and I can count on the unanimity of the Chamber, I will not extend further.