Course teacher(s)
Thomas VAN HALTEREN (Coordinator)ECTS credits
5
Language(s) of instruction
french
Course content
A study of the rules governing family law procedure, ranging from the initiation of legal proceedings to appellate remedies. The focus is primarily on procedural rules before the family court (disputes between spouses; divorce due to irretrievable breakdown or by mutual consent; measures deemed urgent; disputes regarding parental authority, child residence, and maintenance; and the liquidation and division of matrimonial regimes, estates, and co-owned property) as well as before the justice of the peace (procedures for the protection of minors' assets and the protection of vulnerable adults).
Objectives (and/or specific learning outcomes)
The course on family litigation extends the study of family law and the law governing the matrimonial property regime by focusing on procedural aspects; consequently, it also builds upon the general course on judicial procedure, specifically within the family law context. Upon completion of this course, students will be able to determine the subject-matter and territorial jurisdiction of the family court and the justice of the peace; understand and explain procedural rules before these courts, whether generally or in relation to specific types of family disputes (such as divorce, liquidation and partition of assets, or the protection of incapacitated persons); identify and analyze procedural documents associated with these types of disputes; and explain and comment on relevant case law.
Prerequisites and Corequisites
Required and Corequired knowledge and skills
Mastery of the skills and subject matter covered in family law, the law of matrimonial property regimes, and general procedural law is essential. Having taken—or currently taking—the course on the law of succession and gratuitous transfers (gifts) is an asset. This course is also beneficial for students enrolled in family law argumentation seminars.
Teaching methods and learning activities
The course will be delivered by the instructor through a combination of formal lectures and questions addressed to students—who are expected to have prepared specific topics in advance (using the course materials and/or other recommended readings). This approach facilitates a deeper exploration of the subject matter, an exchange of viewpoints, and the analysis of case studies (such as practical scenarios to be solved during class, the reading and commentary of illustrative court rulings, and the review and critical analysis of procedural documents). Attendance is strongly recommended, as the analysis of practical cases, court rulings, and procedural documents will take place exclusively during class sessions.
References, bibliography, and recommended reading
In addition to the written course materials (syllabus) available to students, they are also encouraged to consult the following general works:
- A.C. Van Gysel (coord.), Le contentieux familial – le Tribunal de la famille et le Juge de paix, Limal, Anthemis, 2017 ;
- E. Alofs, S. De Bus, D. Rosier, J. Van Doninck, A.C. Van Gysel (coord.), Evaluation du tribunal de la famille, Limal, Anthemis, 2024 ;
- A.C. Van Gysel, F. Lalière, J. Sauvage, La liquidation et le partage, Limal, Anthemis, 2024 ;
- D. Karadsheh et S. Brat, Immersion dans le droit judiciaire familial, tiré à part du Forum de droit familial, Limal, Anthemis, 2023 ;
- N. Gallus, S. Pfeiff et N. Massager, Droit familial de l’enfance, Limal, Anthemis, 2024 ;
- F. Deguel, Les personnes majeures protégées, Tiré à part du Répertoire notarial, Bruxelles, Larcier, 2021 ;
- P. De Page, Traité de droit civil belge – Tome IX : Les régimes matrimoniaux, Bruxelles Bruylant, 2025 ;
- Y.H. Leleu, Droit des personnes et des familles, Bruxelles, Larcier, 2020 ;
- Y.H. Leleu, Droit patrimonial des couples, Bruxelles, Larcier, 2021 ;
- A.C. Van Gysel, La famille, Limal, Anthemis, 2022 ;
- A.C. Van Gysel, Le couple, Limal, Anthemis, 2022 ;
- Sous la coordination de V. Palm, Les couples à la loupe, Limal, Anthemis, 2022 ;
- Sous la coordination d'A.C. Van Gysel, Traité de droit civil belge – Tome I : Les personnes, Bruxelles Bruylant, 2015.
Course notes
- Syllabus
- Université virtuelle
Contribution to the teaching profile
The course is primarily aimed at students specializing in civil and criminal law—particularly those with a strong interest in family law, specifically regarding litigation (careers as lawyers or magistrates). However, it remains valuable for anyone interested in or pursuing a career in private law more broadly (civil, economic, banking and financial law, etc.).
Other information
Additional information
Interested students could, at the invitation of the course instructor and on a voluntary basis, attend certain conferences or symposia dealing with topics related to the course.
Contacts
Campus
Solbosch
Evaluation
Method(s) of evaluation
- written examination
written examination
- Open question with short answer
- Open question with developed answer
- Closed question with multiple choices (MCQ)
- Closed question with Multiple Answers (MAQ)
- Closed question True or False (T/F)
Open-ended questions may involve resolving practical cases—requiring the identification of the applicable rule and its application to the given scenario—and/or commenting on a judicial decision based on concepts learned in the course, and/or commenting on procedural documents.
Mark calculation method (including weighting of intermediary marks)
The grade awarded to students corresponds to the result of the written exam. Each question (or question type) on the exam is assigned a specific number of points, taking into account the length of the question—which may consist of sub-questions—and the expected student responses. The total constitutes the final exam grade.
Language(s) of evaluation
- french