Marriage in Belgium: Rights and Obligations

In order to get married in Belgium both locals and foreigners will have to respect several compulsory steps. Some of the most important criteria related to this matter refer to the age of the persons getting married, which must be of at least 18 years old. At the same time, the parties will need to prove that they aren’t already married in another country. It is important to know that, starting with 2003, the local legislation recognises the marriages between persons of same sex. Our Belgian law firm can provide legal assistance or representation to those interested in getting married in Belgium. 

How to get married in Belgium

The Belgian legislation allows mixed marriages, where a partner is a Belgian citizen, and the other spouse, a foreign national. Another way to get married here is if the person applying for a marriage certificate is a foreign person, but has obtained the Belgian residency for at least three months. 

In particular situations, the Belgian authorities also allow the marriage of younger persons (under 18), but this can only take place if the family court grants an exemption for serious reasons (parental consent alone is not sufficient). 

Regarding children, Belgium provides specific rules of law. In the case of a heterosexual couple, the father will automatically receive the parental rights, but in the case of a same-sex marriage, the partner of the woman who had a child is presumed to be the co-mother if married to her, or can recognise the child if unmarried (since 1 January 2015), without adoption; male couples still need adoption. Our team of lawyers in Belgium can offer more details on the legislation. 

Rights and obligations in a Belgian marriage    

When getting married in Belgium, it is important to know that each party has the right to retain his or her family name, as here it is not compulsory for a woman to take the husband’s family name. 

Since 1 June 2014 parents choose the father’s name, the mother’s name or both; if no choice is made the child takes the father’s name, and if they disagree, both names in alphabetical order. The child can also receive the father’s name, if the father registered as the parent of the child at the moment of birth. 

Persons who need more details on the rights and obligations of a marriage in Belgium are invited to contact our Belgian lawyers.