Divorce Lawyers in Belgium - Legal Advice & Representation

If you and your spouse agree to end your union, or if your marriage has suffered an irretrievable breakdown, our divorce lawyers in Belgium can help you start the proceedings required to end a marriage.

Quick Facts
Mutual consent divorce in Belgium	When the spouses can reach an agreement on their relationship after divorce, the property they shared and matters concerning their children
Divorce for irremediable marriage breakdown	Requested either by both spouses or by one spouse when they cannot agree on the consequences of divorce
Legal cohabitants separation	Unmarried couples can agree on the terms of their separation. This can be done by a written statement which can replicate the clauses for an agreement for divorce by mutual consent in Belgium
De facto cohabitants separation	There is no legal procedure in this case
The main steps of divorce by mutual consent	Spouses agree on all of the relevant matters by signing an agreement The court reviews the said agreement The spouses appear before court The court in Belgium pronounces the divorce
Decisions concerning children	These involve parental authority, the accommodation for the children, food contributions and other costs
Assistance for custody in Belgium	In Belgium, parental authority is usually exercised by both parents. Our lawyers can provide you with needed legal assistance in all matters concerning parental authority resolved in front of the Family Court
Family housing matters after divorce in Belgium	The family house can be assigned to one of the former spouses or it can remain in joint possession
The distribution of property	The general rules for co-ownership apply for the matrimonial property regime An in principle division, in equal parts, can take place
Mutual consent divorce in Belgium duration	2-3 months, not including the negotiation phase which takes place before concluding the divorce agreements
Divorce by mutual consent appeal	Possible when the conditions for pronouncing the divorce were not observed or if the partners have reconciled
Child maintenance after divorce in Belgium	It consists of alimony, food contributions and extraordinary expenses in most cases
Mediation for divorce	The parties have access to voluntary mediation in order to reach an agreement with more ease
Divorce certificate in Belgium	Is issued by the civil registrar following the conclusion of the legal proceedings
Legal assistance for divorce in Belgium	Our lawyers provide the required legal assistance and advice throughout the divorce and separation procedures

What are the types of divorce in Belgium?

There are two types of divorce that can be obtained in Belgium: divorce for irretrievable breakdown of the marriage or divorce by mutual consent (fault-based divorce on specific grounds was abolished on 1 September 2007). Both can be assisted by our team of lawyers in Belgium.

When can I apply for divorce by mutual consent?

If both spouses reach an agreement about ending their marriage, they can obtain a divorce by mutual consent.

This option will only be available for couples who can reach an agreement regarding common property and accounts, each party’s residence, custody of children, and alimony arrangements.

This is considered a simple type of divorce, and the individuals need to draw up a prior settlement that will outline the manner in which the property rights will be distributed, how the residence arrangements will change, how the remaining joint property will be, as well as how the children will be taken care of (when applicable and only for the children of both spouses).

What is divorce for irretrievable breakdown?

In case of a divorce for irretrievable breakdown, one or both spouses file for divorce based on the fact that their union suffered an irretrievable breakdown and it is impossible to continue the cohabitation.

This can also be the case in de facto separations where the separation has been going on for more than six months. When the separation was for less than six months, the two individuals are required to take a period to reflect on their decision and, when reconciliation is not possible, file for divorce a second time.

When the spouses have been living separately for more than one year, the application for divorce can be filed by one of the parties alone.

One of our divorce lawyers in Belgium can give you more information on how to proceed, based on whether or not you have been separated for some time before taking the decision to divorce and, more importantly, based on whether or not this is a mutual or unilateral decision.

How has fault-based divorce changed in Belgium?

Before the reform of 27 April 2007 (in force since 1 September 2007), fault-based divorce was based on the violation by one of the spouses of one of the obligations resulting from marriage. The other spouse had to prove that the violation was made with intent. Under that former legislation, specific grounds for divorce were adultery, excesses, physical or mental cruelty, and de facto separation. Today, divorce for irretrievable breakdown does not require the agreement of both spouses and can be imposed on one spouse by the other without having to prove fault (serious fault, such as domestic violence, now matters mainly for maintenance claims).

De facto separation can be considered a reason for divorce since a long separation is an indication of the irremediable failure of the marriage. The spouses’ separation for more than 12 months can be considered a ground for divorce since the irremediable nature of the broken marriage results from a situation in which the resumption of conjugal life cannot be expected.

Where do I file for divorce in Belgium?

The petition for divorce or legal separation in case of an irretrievable breakdown of the marriage is filed with the Family Court (a section of the Court of First Instance) in the area where the last marital residence of the spouses was located.

In the case of amicable divorce (by mutual consent), the spouses have the liberty to choose, by agreement, the Family Court with which to file for divorce. One of our attorneys in Belgium can help you lodge an application for divorce.

The application for the annulment of a marriage is heard by the Family Court of the Court of First Instance attached to the area in which the respondent has their legal address in Belgium.

Can I get legal aid for divorce in Belgium?

Legal aid is available in Belgium for qualifying families (according to their net monthly income) requiring more than a single consultation for their case. Our team can help you submit an application for legal aid if this is possible in your case.

Can I apply for divorce in Belgium if I do not live in the country?

The following general rules apply in the case of international divorces:

The governing law is that of the country in which both spouses were habitually residing when they lodged their divorce application;
The process is governed by the law of the country in which the spouses had their last habitual residence, provided one of them is a habitual resident in the country (i.e., Belgium) at the time of the divorce application.

Can I use mediation for divorce in Belgium?

Yes. If you and your spouse do not agree on the terms for divorce, you can either select voluntary mediation or, as part of the court proceedings for divorce, when suggested by the court if the couple reaches a deadlock.

When using mediation during divorce in Belgium, the parties should know that the judicial proceedings are suspended for the duration of the mediation process.

How long does divorce take in Belgium?

Generally, the fastest divorce procedure is the one by mutual consent. You can expect several months for this to be completed.

Divorce in Belgium by irretrievable breakdown can take longer, and one should expect six months to a year, or more depending on the particular disputes between the former spouses.

Please keep in mind that the actual time required from the commencement date of the divorce proceedings to the pronouncement of the marriage cancellation varies on a case-by-case basis.

What are the effects of divorce in Belgium?

Once divorce is pronounced, the following legal effects take place:

The spouses are no longer each other’s heirs, and they are free to remarry. The former spouses may only continue to use the other’s surname in certain professional contexts;
The regime for the joint division of property is dissolved;
The rights of the children remain unaffected. Maintenance payments can be agreed by the spouses, or a court order can be issued for this purpose.

Please contact our team of divorce lawyers in Belgium for detailed information and personalized legal advice.