When a couple separates and there are children involved, the conflict between the parents can sometimes spill over to the children, creating a loyalty conflict. This is known as Parental Alienation Syndrome (PAS) and can harm the relationship between children and one of their parents. In this article, I will explain in detail what PAS […]
19/04/2023
Article 174 of the Insurance Contract Law provides that: “In the event that legal heirs are named as beneficiaries without indicating their names, insurance pay-outs are due to the policyholder’s successor in the absence of proof to the contrary or a contravening clause.” This provision aims to settle the controversy arising from official doctrine and […]
17/12/2016
The law of 22 May 2014 established rules to appraise the usufruct in the case of converting usufruct for the surviving spouse and legal surviving cohabiting partner. The conversion rates, based on a mathematical formula set out in the law, are established each year by the Ministry of Justice. The law of 19 June 2016 […]
17/12/2016
The government has drafted and prepared draft legislation reforming the 2007 law on identity changes for transgender people. The current law is in contravention of human rights and the European Convention on Human Rights The conditions that the law imposes on transgender people in order to change their identity are an attack against human dignity […]
11/12/2016
The government has elected to fight against the phenomenon of “paper babies”, also known as legal recognition of children of convenience. On 28 October 2016 the Council of Ministers approved draft legislation aimed at combating the practice of fraudulent recognition of a child to obtain a residency permit through the law on family reunification.
28/11/2016
On 7 May 2015, Belgium ratified the European Convention on the Adoption of Children (Revised) of 27 November 2008. This convention entered into force in Belgium on 1 September 2015, and complements the 1993 Hague Convention. The convention only applies to adoption of minor children which create a permanent parent-child relationship. It decrees all essential […]
13/11/2016
Only the child’s best interests are considered and must take precedence over the periods established by the law The constitutional court seeks affirmation of the case-law to the extent that the periods set out in the law on disputing and recognising paternity are not absolute and do not prohibit action. In the Boël case, the […]
13/11/2016
The successions regulation connects 25 of the 28 Member States (Denmark, Ireland and the United Kingdom chose not to join) and has been in force in Belgium since 17 August 2015. However, the fact that the succession involves a deceased of British nationality, or a deceased (regardless of their nationality) residing in one of these […]
11/11/2016
All people residing in Belgium are required to only have one main place of residence in the population register. However, the royal decree of 26 December 2015 states that “at the request of the host parent” (i.e. at the parent’s home where the child is not officially registered): – The child’s file in the population […]
08/11/2016
Until recently, the calculation of maintenance due by one or other of the parents for the maintenance of their children was frequently fixed in an empirical and random manner, and ultimately was left up to the free discretion of the judge who was under no obligation to give an explanation of the method used for […]
25/11/2015
