When the spouses disagree on the terms of the divorce — or when only one of them wants to divorce — the contested divorce procedure (irretrievable breakdown) applies. The judge then decides on the disputed points: child custody, alimony, division of assets.
Contested divorce based on irretrievable breakdown is available when married life has become definitively impossible. It can be requested:
- by both spouses jointly
- by one of the spouses alone
It is sufficient to establish that the marriage cannot continue.
The breakdown can be proven:
- By any means (witness statements, correspondence, police reports, medical certificates in case of violence…)
- By de facto separation: 6 months if joint request, 1 year if unilateral request
1. Filing the petition by writ of summons or joint petition
2. Provisional measures during proceedings: separate residence, alimony, child custody (the judge can be seized urgently)
3. Hearing(s) before the Family Court
4. Divorce judgment issued after legal time limits
5. Transcription in the civil registry
- Dissolution of marriage and end of marital obligations
- Liquidation of the matrimonial property regime (asset division)
- Alimony possible (under conditions)
- Custody arrangements and child support for children
The judge may award alimony to the spouse in need, taking into account income, duration of marriage, age and state of health. The support is in principle limited to the duration of the marriage.
- Strategic analysis of your case
- Request for provisional measures (residence, custody, support)
- Representation before the Family Court at all hearings
- Pleadings and defense of your interests
- Follow-up of post-divorce liquidation
📞 Book an appointment: +32 495 19 34 77 | 100€ excl. VAT — 30 min | [Book online →]
Your English-speaking lawyer at the Brussels Bar
Sarah Satti, lawyer at the Brussels Bar, primarily practises family law. She guides her clients through all family proceedings with rigour and kindness.
Learn more about Sarah Satti