Volume 141, Number 58A
Royal Gazette
24 September 2567
Section49.The text of section 1523 of the Civil and Commercial Code, which has been amended by the Civil and Commercial Code Amendment Act (No 16), 2550 BE, shall be repealed and replaced by the following text:
“Section1523.Once a court has granted a divorce on the ground under section 1516(1), either spouse has the right to receive compensation from the other spouse and from the person maintained or honoured or the person grounding the divorce.
Either spouse may claim compensation from the person who sexually violated the other spouse or openly presents himself as having sexual relationship with the other spouse.
If either spouse connives with the other in committing the act under section 1516(1) or allows a third person to commit the act according to paragraph 2, that spouse shall be prohibited from claiming compensation.”
Section50.The text of section 1530 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1530.Whilst a divorce action is pending trial, if any party makes a request, the court may give a provisional order for management of certain affairs as it finds appropriate, such as in respect of the marital property, habitation, spousal maintenance, and guarding or maintenance of children.”
Section51.The text of sections 1532 and 1533 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1532.Upon divorce, the spousal property shall be divided.
However, as between the spouses—
(a)their property to be divided shall be that which exists at the time of registration of the divorce, if the divorce is effected by their mutual consent;
(b)the parts of the judgment governing their property shall take retroactive effect from the day of institution of the divorce action, if the divorce is effected by a court judgment.
Section1533.Upon divorce, the marital property shall be divided in a manner which allows both spouses to receive equal portions.”
Section52.The text of paragraph 1 of section 1536 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“Section1536.A child born of a woman whilst she is the spouse of a man or within three hundred and ten days from the day the marriage ends shall be presumed to be a legitimate child of the man who is her spouse or former spouse, as the case may be.”
