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An Act To Amend The Judicial Code As To The Apportionment Of Costs Between The Parties In Proceedings For Divorce (1)

Original Language Title: Loi modifiant le Code judiciaire quant à la répartition des dépens entre parties dans le cadre d'une procédure en divorce (1)

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belgiquelex.be - Carrefour Bank of Legislation

17 NOVEMBER 2009. - An Act to amend the Judicial Code with respect to the apportionment of costs between parties under a divorce procedure (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in section 78 of the Costitution.
Art. 2. Article 1258 of the Judicial Code, replaced by the Act of 27 April 2007, is replaced by the following:
“Article 1258. Unless otherwise agreed, the costs shall be shared equally between the parties when the divorce is pronounced on the basis of Article 229, § 2, of the Civil Code.
Unless otherwise agreed, each party shall bear its costs when the divorce is pronounced on the basis of Article 229, § 1er or three of the Civil Code. However, the judge may decide otherwise in the light of all circumstances of the case. »
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 November 2009.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
The Secretary of State for Family Policy, Deputy Minister of Justice on the aspects of the Law of Persons and the Family,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
(1) Regular session 2008-2009.
Senate:
Parliamentary documents. - Proposal by Mr. Mahoux, No. 4-1115/1. - Amendments, 4-1115/2. - Report, number 4-1115/3. - Text adopted by the Commission, No. 4-1115/4. - Text adopted in plenary and transmitted to the Chamber, No. 4-1115/5.
Annales of the Senate: February 5, 2009.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 52-1803/1. - Amendments, nbones 52-1803/2 to 5. - Report, no. 52-1803/6. - Text adopted by the Commission, No. 52-1803/7. - Text adopted in plenary and transmitted to the Senate, No. 52-1803/8.
Full report: 16 July 2009.
Senate:
Parliamentary documents. - Draft amended by the House of Representatives, No. 4-1115/6. - Report, number 4-1115/7.
Session 2009-2010.
Senate:
Parliamentary documents. - Decision to join the draft amended by the House of Representatives, No. 4-1115/8.
Annales of the Senate: October 22, 2009.