Lawyer in Schaerbeek: divorce, children and criminal cases

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Lawyer in Schaerbeek: divorce, children and criminal cases

Looking for a lawyer in Schaerbeek for a separation, arrangements for your children or a criminal case? Novex Advocaten assists residents of Schaerbeek (Schaarbeek) and the surrounding municipalities from our office on Avenue Louise in Brussels. We work in Dutch, French, English and Arabic.

Many of our clients from Schaerbeek come to us with a family matter, such as a divorce or the residence arrangements for the children, or with a criminal case. This article explains which courts have jurisdiction and how we assist you in these situations.

Lawyer in Schaerbeek: which courts have jurisdiction?

Schaerbeek is part of the judicial district (arrondissement) of Brussels. The main courts for residents of Schaerbeek are:

The justice of the peace: Schaerbeek has two judicial cantons, each with its own justice of the peace (vrederechter / juge de paix). Which canton has jurisdiction depends on your address or on where the property is located; we check this for you. The justice of the peace deals with, among other things, tenancy disputes, disputes between neighbours and smaller money claims.
The Brussels family court: a division of the court of first instance (familierechtbank / tribunal de la famille), with jurisdiction over divorce, parental authority, residence arrangements and child maintenance.
The criminal court and the Brussels police court: for criminal cases and traffic cases, before the criminal court (correctionele rechtbank / tribunal correctionnel) and the police court (politierechtbank / tribunal de police). Read more about the Brussels police court.
The enterprise court and the labour court in Brussels: for disputes between businesses, bankruptcies and employment disputes.

With the exception of the justices of the peace, who work in both languages, these courts exist in Brussels in a Dutch-speaking and a French-speaking version. The language of your case is determined by the legislation on the use of languages in judicial matters; in certain cases, a change of language can be requested. We plead in both languages. Read more about changing the language of proceedings before the police court.

Separation and children

A separation raises legal, financial and emotional questions at the same time. We help you choose the right order and deal first with what is urgent.

Divorce: if both spouses agree on everything, a divorce by mutual consent is possible. If not, a divorce on the ground of irretrievable breakdown remains available: on a joint application after more than six months of de facto separation, on the application of one spouse after more than one year of de facto separation, or where the breakdown is proven in another way. Read more about divorce by mutual consent.
Urgent measures: pending a final settlement, the family court can quickly take interim measures, for example regarding the family home, the children’s residence and maintenance. Read more about urgent measures before the family court.
Parental authority and residence: after a separation, both parents in principle continue to exercise parental authority jointly. If the parents disagree on residence, the court, at the request of at least one parent, examines as a priority the possibility of equally shared residence. The best interests of the child always remain decisive. Read more about residence arrangements and co-parenting.
Child maintenance: both parents contribute to the children’s costs in proportion to their means. Extraordinary expenses are also shared. If the other parent does not pay, the Maintenance Claims Service (DAVO / SECAL) can step in under certain conditions. Read more about how child maintenance is calculated.

In proceedings that concern them, children aged twelve and over receive an information form about their right to be heard by the judge. The family court also has an amicable settlement chamber, where parents can seek an agreement under the guidance of a judge.

An agreement is often faster, cheaper and more durable than a judgment. We seek that agreement where possible and litigate where necessary. Read more about separation with children, parental authority and residence.

Criminal cases: police interviews, arrest and house searches

If you are questioned as a suspect, in most criminal cases you have the right to a prior confidential consultation with a lawyer and to their assistance during the interview. Whether this right applies in your case depends on the offence you are suspected of; we check this for you. You are not obliged to make a statement, and if you do not understand the language of the interview, you are entitled to an interpreter.

If you are deprived of your liberty, this may not last longer than 48 hours, unless an arrest warrant issued by the investigating judge is served on you within that period. The council chamber (raadkamer / chambre du conseil) then decides within five days of the execution of that warrant whether pre-trial detention is maintained, and again at regular intervals thereafter.

A search of a home in principle requires a warrant from the investigating judge. Exceptions include your written consent and being caught in the act. Contact us as soon as possible after a search.

Good preparation for the first interview is often decisive for how the case develops. Contact us as soon as you receive an invitation. Read more about your rights during a police interview, about house searches and about pre-trial detention.

Traffic cases and other areas

If you have been summoned before the Brussels police court, we analyse the criminal file and defend you, in most cases without you having to appear in person. The court may, however, order you to appear in person. Read more about appearing in person before the police court.

Since 1 September 2026, the penalty levels (strafniveaus / niveaux de peine) of the new Criminal Code apply to new offences. For offences committed before that date, the former penalties continue to apply, unless the new rules are more lenient for you. Read more about the new Criminal Code in traffic cases.

We also assist clients from Schaerbeek in tenancy disputes, debt recovery and business matters. Read more about tenancy disputes before the justice of the peace.

How do we work?

You contact us by phone or email and briefly explain your situation. We immediately give you an initial assessment of the approach and the costs, and make clear arrangements about our fees.

We check whether a legal expenses insurance policy covers your costs. If your income is limited, we inform you about second-line legal aid (aide juridique de deuxième ligne), available through the Legal Aid Office (Bureau d’Aide Juridique). A meeting can take place at our office, by phone or by video call. Read more about legal expenses insurance.

Frequently asked questions

Can I divorce if my partner will not cooperate?

Yes. After more than one year of de facto separation, one spouse alone can apply for a divorce on the ground of irretrievable breakdown. The breakdown can also be proven in another way. In the meantime, urgent measures can be requested.

Does my child have to go before the judge?

No. A child aged twelve or over is given the opportunity to be heard by the judge, but is not obliged to take it up. A younger child can ask to be heard.

What if I receive an invitation to a police interview?

Contact us before you go to the interview. If a written invitation briefly sets out your rights and the facts, you are presumed to have consulted a lawyer before the interview.

In which language will my case be heard in Brussels?

This is determined by the legislation on the use of languages in judicial matters. The Brussels courts exist in a Dutch-speaking and a French-speaking version, while the justices of the peace work in both languages. We plead in Dutch and French and can also discuss your file in English or Arabic.

Which justice of the peace has jurisdiction over a tenancy dispute in Schaerbeek?

For a tenancy dispute, the competent justice of the peace is as a rule the one for the canton where the rented property is located (Article 629, 1° of the Judicial Code). Schaerbeek has two cantons; we check which justice of the peace has jurisdiction for your address.