Getting a divorce in Belgium

Getting a divorce (echtscheiding / divorce) in Belgium is surprisingly straightforward—as long as both parties are in agreement. However, the time, effort, and costs associated with divorce can increase quickly when the splitting couple cannot agree on issues like child custody or dividing property or when only one person is a Belgian resident. There are also alternatives to divorce in Belgium for couples who cannot afford it or cope logistically.

Here’s a look at everything you need to know, including:

An overview of divorce in Belgium

Divorce rates in Belgium have declined over the past decade, with just under 20,000 couples divorcing in 2022. However, divorce is more common in Belgium than in some EU countries, perhaps contributing to Belgians’ lack of enthusiasm for tying the knot. Generally, a little over one in three Belgian marriages end in divorce.

Marriage has been declining in popularity in Belgium since the early 2000s. In that time, Belgium has consistently recorded fewer marriages than the EU average while also recording more divorces.

Ending a registered cohabitation in Belgium

Belgium has offered registered cohabitation (wettelijk samenwonen / cohabitation légale) as an alternative to marriage since 2000. It indicates a shared residence and responsibilities and is available to heterosexual and same-sex couples, as well as those cohabiting without a sexual relationship (adult siblings, for example). It sets out each person’s rights and duties regarding the shared family home, related costs, assets, and debts.

Registered cohabitation has recently been a steady option, averaging about 39,000 yearly declarations. The COVID-19 pandemic briefly impacted these registrations, as many couples who intended to marry registered for cohabitation until wedding events could be safely held. 

Ending a registered cohabitation is a straightforward process. One or both parties must notify the registrar in writing. However, for expats who have entered into a formal relationship with a similar name but very different status in another country, such as a registered partnership (Britain) or een geregistreerd partnerschap (the Netherlands), ending the relationship in Belgium may be more complex, as comparable legal structures are not in place.

The legal grounds for divorce in Belgium

In Belgium, couples may divorce by mutual consent (onderlinge toestemming / consentement mutuel) or by citing irreconcilable differences (onherstelbare ontwrichting / désunion irrémédiable).

Divorce by mutual consent

No reason or evidence is required to file for divorce by mutual consent. The only requirement is that both spouses must consent to the divorce proceedings and present themselves to the court at the appropriate times.

Divorce citing irreconcilable differences

To divorce citing irreconcilable differences, one party must demonstrate that it is impossible for the couple to continue to remain married. Sufficient evidence includes:

• Written, photographic, or other evidence of irreconcilable differences, such as evidence of physical abuse, child abuse, or an affair
• A physical separation of households for at least six months, if both spouses agree to divorce
• A separation of more than one year, if just one spouse petitions for divorce

Residence requirements for divorce in Belgium

Belgian courts will only process a divorce if at least one spouse resides in Belgium. If you reside in different countries, it is best to apply to the court in the country where your children live or, if you have no children, where your main property is. Applications should be lodged at your local court. Contact a local notary, lawyer, or council office to find out which jurisdiction you fall under.

Recognition of divorce in other countries

As an EU member, Belgium automatically recognizes divorces processed in other EU member countries. Recognition is not guaranteed for divorces in non-member countries. Since Brexit, divorces in the UK are no longer automatically recognized in Belgium and may require additional filings.

What to do if your visa depends on your marriage

If your right to stay in Belgium is a spousal permit (e.g., tied to their job), you may have to apply for a permit in your own name or leave the country. However, recent EU court decisions have increased the options to stay. This is intended to avoid unfair results for divorcing partners who have established their lives in an EU member country.

You may be able to gain permission to stay if you meet the following criteria:

• You were married for at least three years, and
• You spent at least one of those three years as a resident in Belgium

Other exceptions may be made in the interest of children or in circumstances involving domestic violence, where it is not in the public interest to revoke a visa.

Getting a divorce in Belgium: step by step

Divorce can be a lengthy and painful experience for both parties. Divorce between partners who agree on how to divide assets and child custody is more likely to proceed quickly, while contentious divorces can take a long time to finalize. Let’s look at the procedural steps to divorce in Belgium and the documentation and overall costs to expect.

The process of getting a divorce in Belgium

Divorce by mutual consent is straightforward but requires that the couple agree on the division of assets, childcare, and other issues. The process focuses on creating an agreement between the couple and is particularly concerned with the welfare of any children involved.

If the two parties cannot reach an agreement, or one does not wish to divorce, citing irreconcilable differences may be your only option. This process typically includes mediation and an attempt to get the couple to agree, but the court will generally render the final judgment on issues arising.

The process is typically lengthy. If the evidence presented shows a separation (at least six or 12 months), then the couple must plead their case on two separate occasions, which may be some months apart.

If other evidence for irreconcilable differences is given, the case may be wrapped up in one session.

Both parties have the right to appeal a divorce judgment. The appeal must be lodged within one month, and a further appeal to the Supreme Court must be lodged within three months.

The judge can institute a temporary arrangement on an emergency basis. As an example, if one parent is refusing to pay child maintenance in the interim and the children are at risk of being evicted from their home, the court can intervene. These arrangements are temporary and can be modified before the final settlement is arranged.

Documentation required for divorce in Belgium

The court may request whatever evidence it deems necessary. Expect to have to provide:

• Identification
• Residency permit information
• Formal petition for divorce
• Agreement on how to deal with issues arising
• Pre-nuptial agreement (huwelijkscontract / contrat de mariage), if one exists
• Income, property and tax information
• Information about any children
• A parenting plan, if there are children involved

Cost of getting a divorce in Belgium

The average divorce cost in Belgium is between €500 and €5,000. A divorce by mutual consent comes at a lower price, particularly for couples who do not need to divide child custody or significant assets. A divorce citing irreconcilable differences will be more expensive, mainly if it involves complications like applying international laws.

The cost of divorce is typically split equally between the divorcing partners. The costs include lawyer’s fees, court costs, mediator fees, and notary fees (to finalize paperwork liquidating property).

Custody of children and child support

Child welfare is of utmost importance in Belgian divorces. It is crucial for parents to reach a mutual agreement on their children’s place of residence, which must be registered with the local council. Both parents are legally obligated to provide financial support for their children, with the non-resident parent expected to pay child support until the children reach the age of 18.

After divorce, if your former partner does not make the required support payments, you can apply for help from the Maintenance Claims Department (Service des créances alimentaires – SECAL).

Children have the right to be heard by the judge and contribute to the plans made on their behalf to the extent they can.

Property division

Belgium allows newlyweds to select from three standard systems of marital property. They may also create their own by writing a prenuptial agreement. If no choice was made at the time of the wedding, the default option is het wettelijk stelsel / le régime légal, in which each spouse retains their property, and has joint liability/ownership only for joint debts/assets acquired during the marriage or specifically designated as such.

If you got married outside Belgium, then the default system may apply. Alternatively, the judge may determine the standard system of the country you married in applies. However, insisting on the latter course can increase the time to get a divorce and raise the costs.

Alimony

Alimony (onderhoudsgeld / pension alimentaire) is a payment by the spouse with greater wealth or income to the spouse with less. In Belgium, alimony ensures that both can live safely and healthily. It is separate from any child support.

Couples agree upon the amount of alimony through a mutual consent divorce. If the couple instead divorces via irreconcilable differences, then the court will decide whether alimony is appropriate and the amount.

As with child support payments, SECAL can assist if your former partner does not make the required alimony payments.

Name changes

Under Belgian law, spouses keep their original names throughout marriage; therefore, nothing changes during divorce. If one or both of you changed your name on marriage and wish to continue to use this name, you should explicitly mention it in the divorce agreement.

Alternatives to getting a divorce in Belgium

Depending on your circumstances, divorce may not be the best means of ending your marriage in Belgium. The following sections present alternatives to divorce.

Separation without divorce in Belgium

A couple can separate without involving the courts. Belgium recognizes two levels of separation without divorce: defacto separation (feitelijke scheiding / séparation de fait) and separation of physical property (scheiding van tafel en bed / séparation de corps et de biens).

A de facto separation is informal. A couple splits up and moves into separate homes but remains married. Each person continues to have rights and responsibilities concerning each other and joint property. 

Separation of physical property is a formal agreement. It ends any rights and duties related to cohabitation and dividing the couple’s goods. This is very rare, as it is similar to a divorce in terms of cost and effort, but it means you remain married.

Getting an annulment in Belgium

An annulment in Belgium is reserved for special cases where the marriage occurred under illegal or false pretenses. An annulment may be granted in the following circumstances:

• One or both partners is under the age of 18 and therefore could not legally consent to the marriage
• The partners did not mutually consent to be married
• The marriage is for a sham purpose, such as allowing one spouse to gain Belgian residency
• One of the partners was forced to enter the marriage against their will
• Evidence is discovered of a clandestine marriage or bigamy
• The official who performed the marriage lacked proper authority

Annulment requires legal review. It is therefore best to speak with an attorney to understand whether the process can apply in your specific case.

Divorce mediation

While not an alternative to divorce, mediation can help you and your partner reach a mutually beneficial agreement on how the marriage will end. Even though a mediator comes at a cost, it can ultimately make the process of divorce easier and cheaper in the long run.

Mediation (bemiddeling / médiation) is strongly encouraged in Belgium. You can learn more about the mediation process and services available at mediation-justice.be (French and Dutch only).

Useful resources

Links to other useful official websites and web pages that provide information and support, such as:

• Federal Mediation Commission – a government guide to mediation
• European Justice Portal – a government guide to the laws impacting divorce
• Alimony in Belgium – what to do if your former spouse owes you alimony