Act Amending The Judicial Code As Regards The Personal Appearance And The Attempt Of Conciliation In Cases Of Divorce, And Introducing Information On The Existence And Effectiveness Of Mediation In Divorce (1)

Original Language Title: Loi modifiant le Code judiciaire en ce qui concerne la comparution personnelle et la tentative de conciliation en cas de divorce, et instaurant une information sur l'existence et l'utilité de la médiation en matière de divorce (1)

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belgiquelex.be - Carrefour Bank of Legislation

5 AVRIL 2011. - An Act to amend the Judicial Code with regard to personal appearance and conciliation in the event of divorce, and to provide information on the existence and use of divorce mediation (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Judicial Code
Art. 2. In article 1254 of the Judicial Code, replaced by the Act of 27 April 2007 and amended by the Act of 2 June 2010, a § 4/1 is inserted as follows:
§ 4/1. As soon as the first application is filed, the Clerk shall inform the parties of the possibility of mediation by sending them immediately the text of articles 1730 to 1737, accompanied by a pamphlet on the mediation prepared by the Minister who has the Justice in his powers and the list of authorized mediators specialized in family matters and established in the relevant judicial district. »
Art. 3. In section 1255 of the same Code, replaced by the Act of 27 April 2007 and amended by the Act of 2 June 2010, § 6 is replaced by the following:
Ҥ 6. The judge may order the parties to appear in person at the request of one of the parties or the Public Prosecutor's Office, or if the judge considers it useful, in particular with a view to reconciling the parties or appreciating the opportunity for an agreement on the person, food and property of the children.
Without prejudice to section 1734, the judge tries to reconcile the parties. It gives them all relevant information on the procedure and, in particular, on the interest of using mediation as provided for in Part VII. If it finds that a reconciliation is possible, it may order a deferral of the proceedings, in order to allow the parties to collect any useful information in this regard and to initiate the mediation process. The duration of the overseverance may not exceed one month. »
Art. 4. In section 1263 of the same Code, replaced by the Act of 30 June 1994, the words "When the court has ordered the personal appearance of the parties," are replaced by the words "When the law requires the personal appearance of the parties or the court ordered it to do so."
Art. 5. In article 1280 of the same Code, as amended by the Acts of 14 July 1976, of 2 February 1994, of 30 June 1994, of 20 May 1997, of 28 January 2003 and of 19 March 2010, a paragraph is inserted between subparagraphs 1er and 2:
"Unless exceptional circumstances, the personal appearance of the parties is required at the referendum hearing in which applications for interim measures relating to the person, food and property of children are examined, with the exception of pre-trial hearings where only the status is examined. Section 1263 applies by analogy. Without prejudice to section 1734, the president of the court or the judge who performs the duties of the court tries to reconcile the parties. It gives them all useful information on the procedure and, in particular, on the interest of resorting to mediation as provided for in Part VII. If it finds that a reconciliation is possible, it may order a deferral of the proceedings, in order to allow the parties to collect any useful information in this regard and to initiate the mediation process. The duration of the overseverance may not exceed one month. »
CHAPTER 3. - Final provisions
Art. 6. Section 2 applies to proceedings initiated after the effective date of this Act.
Art. 7. The King shall determine the date of entry into force of this Act by the first day of the sixth month following the day on which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 April 2011.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session:
House of Representatives.
Documents. - Proposal by Ms. Lahaye-Battheu et al., 53-756, No. 1. - Amendments, 53-756, No.s 2 to 4. - Report, 53-756, No. 5. - Text adopted by the Commission, 53-756, No. 6. - Amendments in plenary meeting, 53-756, No. 7. - Amendments, 53-756, No. 8. - Supplementary report on behalf of the Commission, 53-756, No. 9. - Text adopted by the Commission, 53-756, No. 10. - Text adopted in plenary and transmitted to the Senate, 53-756, No. 11.
Full report. - 3 March 2011.
Senate.
Documents. - Project not referred to by the Senate, 5-825, No. 1.