20 MAI 1997. An Act to amend the Judicial Code and the Civil Code with regard to divorce proceedings

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Section 1254 of the Judicial Code, replaced by the Act of 30 June 1994, is amended as follows:
1° to 2, the third paragraph shall be replaced by the following:
" In this case, the citation exploit may contain the indication of the place, day and time of the referendum hearing. ";
2° to 3, 3°, the words "the certificate" are replaced by the words "a proof";
3° the same paragraph shall be supplemented by the following paragraph:
" When the parts fail or are incomplete, the cause is returned to the role. "
Art. 3. In section 1258, 2, of the same Code, replaced by the Act of 30 June 1994, the following amendments are made:
1° Paragraph 3 is replaced by the following:
" This agreed agreement is a judgment within the meaning of Article 1043. ";
2° in paragraph 4, the words ", at the request of one of the parties, "are inserted between the words "the cause" and the words" at the first hearing";
3° this same paragraph 4 is supplemented by the following:
"as long as it is not yet inscribed to the role of the referees. Section 803 is applicable. ".
Art. 4. Article 1268 of the same Code, in fine of paragraph 1^er, words" by a simple act of conclusions * are replaced by words" by new conclusions taken contradictoryly ".
Art. 5. Article 1275, 2, paragraph 1^erthe same Code, which was replaced by the Act of 30 June 1994, are amended as follows:
1° the words "and the mention of the day o· it has acquired force of thing judged " are inserted between the words" an extract including the device of judgment or judgment " and the words" is, in the month, addressed ";
2° the words "the civil registry officer of the first district of Brussels" are replaced by the words "the civil registry officer of Brussels".
Art. 6. Article 1278, paragraph 1^erthe same Code, as amended by the Act of 30 June 1994, are amended as follows:
1° the words "produces its effects with respect to the person of the spouses of the day o· the decision acquires force of judgment, and "are inserted between words" pronounces divorce " and words" produces its effects with respect to third parties ";
2° it is inserted between paragraphs 2 and 3 a new paragraph written as follows:" In the event of the death of one of the spouses, prior to the transcript of the divorce, but after the decision of the pronouncing party has acquired the force of a finding, the spouses are considered divorced, in respect of third parties, under the suspensive condition of the transcript made in accordance with section 1275. ".
Art. 7. In article 1278, paragraph 3, of the same Code, replaced by the law of 30 June 1994, the word "allows" is replaced by the word "specified".
Art. 8. In section 1280 of the same Code, as amended by the Act of 30 June 1994, the following amendments are made:
1° to paragraph 1^er, between the word "conna*t" and the words "in any case" are inserted the words" until the dissolution of the marriage at the request, either of the parties or of one of them, or of the King's Prosecutor ";
2° in paragraph 8, the words "to the dissolution of the marriage" are inserted between the words "main seized" and the words" throughout the divorce proceedings".
Art. 9. In section 1282 of the same Code, replaced by the law of June 30, 1994, the words "from the date of the filing of the citation in divorce at the court office " are replaced by the words" from the date of the meaning of the citation in divorce ".
Art. 10. In section 1283 of the same Code, replaced by the Act of 30 June 1994, the following amendments are made:
1st the article is supplemented by the following: "without prejudice to the rights of third parties in good faith";
2° the Article shall be supplemented by the following paragraph: "The proof of good faith shall be the contracting third party. "
Art. 11. In article 1288, last paragraph, of the same Code, added by the law of 30 June 1994, the words "When new and unpredictable circumstances significantly alter the situation of children " are replaced by the words" When new and independent circumstances of the will of the parties significantly alter their situation or that of children, ".
Art. 12. In section 1288bis of the same Code, inserted by the Act of 30 June 1994, the following amendments are made:
1° to paragraph 3, the words "the request contains, barely nullity, the conventions " are replaced by the words" the request shall, barely invalid, return to the conventions annexed thereto."
2° in paragraph 4, 4°, the words "and death of all descendants of each spouse, including the children adopted by the spouses " are replaced by the words" of the children referred to in article 1254, 2, paragraph 1^er ";
3° the same paragraph 4 is supplemented by the following: "5° proof of nationality of each spouse".
Art. 13. Section 1290, paragraph 4, of the same Code, added by the Act of 30 June 1994, is replaced by the following provision: "When applying the provisions set out in the second or third paragraph, the judge shall, in the month of the filing of the minutes of the first appearance or the hearing provided for in the preceding paragraph, set a new date for the appearance of the spouses. "
Art. 14. In article 1292, paragraph 2, of the same Code, replaced by the law of 30 June 1994, the words "and the documents annexed thereto" are deleted.
Art. 15. In section 1293 of the same Code, replaced by the Act of 30 June 1994, the last paragraph shall be deleted and new paragraphs shall be added, as follows: "In applying the provisions set out in the second or third paragraph, the judge shall, in the month of the filing of the minutes of the count referred to in the second paragraph or the hearing provided for in the third paragraph, set a new date for the second appearance provided for in section 1294.
In the course of this appearance, the judge may delete or amend the provisions that are manifestly contrary to the interests of minor children. "
Art. 16. Section 1294, last paragraph, of the same Code, replaced by the Act of 30 June 1994, is replaced by the following provision: "The three-month period is suspended as long as, where applicable, the procedure provided for in Article 931, paragraphs 3 to 7, or Article 1290, paragraph 4, has not been terminated. "
Art. 17. In article 1298 of the same Code, as amended by the law of 30 June 1994, are inserted between the words "declare divorce" and "; in the opposite case ", the words" and the conventions concerning minors".
Art. 18. Article 1303, paragraph 1^erthe same Code, which was replaced by the Act of 30 June 1994, are amended as follows:
1° the words" and the mention of the day o· it has acquired force of thing judged " are inserted between the words" an extract including the device of the judgment or of the judgment " and the words" is. in the month, addressed ";
2° in fine, the words "the civil officer of the first district of Brussels" are replaced by the words "the civil officer of Brussels".
Art. 19. Article 1304, paragraph 1^er, of the same Code, replaced by the Act of 30 June 1994, is supplemented by the following sentence: "In the event of the death of one of the spouses, before the transcript of the divorce, but after the decision of the pronouncing the offender has acquired force of evidence, the spouses are considered divorced, in respect of third parties, under the suspensive condition of the transcript made in accordance with section 1303. "
Art. 20. Article 1306, paragraph 1^er, of the same Code, replaced by the law of 30 June 1994, the references "1269, 1270" are replaced by the references" 1268 to 1270 ".
Art. 21. Article 1307, paragraph 1^er, of the same Code is replaced by the following provision: "The application for separation of body may also be made counteractically by new conclusions taken contradictoryly, on a main request for divorce. "
Art. 22. Article 275 of the Civil Code, as amended by the Act of 20 November 1969, is supplemented by the following words: "at the time of filing the application referred to in Article 1288bis of the Judicial Code".
Art. 23. Article 276 of the Civil Code is replaced by the following provision: "Art. 276. Mutual consent will only be granted when the marriage has been concluded at least two years before the application under section 1288bis of the Judicial Code is filed. ".
Art. 24. In article 301, 2, paragraph 2, of the Civil Code, amended by the law of 9 July 1975, the word "giving" is replaced by the word "pronouncing".
Art. 25. In article 301bis of the Civil Code, inserted by the law of 9 July 1975, article 218 " becomes article 221 ", and the "fifth" paragraph of article 1280 of the Judicial Code becomes the "sixth" paragraph.
Art. 26. In article 311bis of the Civil Code, amended by the law of 14 July 1976, the words "Articles 303 and 304 are applicable" are replaced by the words " Section 304 is applicable ".
Art. 27. In article 915bis, 3, paragraph 2, of the Civil Code, inserted by the law of 14 May 1981, the words "article 1287, paragraph 2, of the Judicial Code" are replaced by the words "article 1287, paragraph 3, of the Judicial Code".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 May 1997.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK