{"id":119078,"date":"2025-11-10T13:08:53","date_gmt":"2025-11-10T13:08:53","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=119078"},"modified":"2025-11-10T13:08:53","modified_gmt":"2025-11-10T13:08:53","slug":"belgium-family-law","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/belgium-family-law\/","title":{"rendered":"Belgium: Family Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-119078","comparative_guide","type-comparative_guide","status-publish","hentry","guides-family-law","jurisdictions-belgium"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Tiberghien<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/10\/TIBERGHIEN_LOGO_2021_BASE.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Tiberghien<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/10\/TIBERGHIEN_LOGO_2021_BASE.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Family Law laws and regulations applicable in Belgium<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for divorce and property division? How do the concepts of domicile, residence and nationality apply in relation to divorce and financial arrangements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Belgium is a member state to:<\/p>\n<ul>\n<li>the Council Regulation (EC) No 2201\/2003 of 27 November 2003 (\u201cBrussels IIbis Regulation\u201d) (applicable to divorce cases lodged before 1 August 2022);<\/li>\n<li>the Council Regulation (EC) 2019\/1111 of 25 June 2019 (the \u201cBrussels IIter Regulation\u201d) (applicable to divorce cases lodged on or after 1 August 2022).<\/li>\n<\/ul>\n<p>Belgian courts apply the Brussels IIbis or IIter Regulations to determine jurisdiction on divorce cases. The connecting factors are:<\/p>\n<ul>\n<li>habitual residence of the spouses;<\/li>\n<li>last habitual residence of the spouses, insofar as one of them still resides there;<\/li>\n<li>habitual residence of the respondent;<\/li>\n<li>in the event of a joint application, habitual residence of one spouse;<\/li>\n<li>habitual residence of the applicant who resided there for at least a year immediately preceding the application;<\/li>\n<li>habitual residence of the applicant who resided there for at least six months immediately preceding the application and is either a national of the Member State in question; or<\/li>\n<li>nationality of both spouses.<\/li>\n<\/ul>\n<p>Under the aforementioned regulations, a place will be considered to be the habitual residence when the person intends to establish the centre of their interests there and their presence in that place presents a sufficient degree of stability.<\/p>\n<p>In case Belgian courts cannot claim jurisdiction based on the aforementioned Regulations, the Belgian courts will exceptionally have jurisdiction when the matter presents close connections with Belgium and proceedings abroad seem impossible or when it would be unreasonable to demand that the action be brought abroad.<\/p>\n<p>Regarding property division, the Belgian courts will apply the Regulation 2016\/1103 of 24 June 2016 (\u201cMatrimonial Property Regulation\u201d). According to this Regulation if a Belgian court is seized to adjudicate an application for divorce under the Brussels IIbis or IIter Regulation, it will in principle also have jurisdiction to rule on issues related to the matrimonial property regime that arise in connection with that application.<\/p>\n<p>In cases where the divorce is pronounced in a third state, the Belgian courts may assert jurisdiction over the division of property between the spouses if they are habitually residing in Belgium at the time the court is seized. If this is not the case, jurisdiction may exist if they were last habitually residing in Belgium and one of them still resides there when the court is seized. Alternatively, jurisdiction can be claimed if the respondent is habitually residing in Belgium when the court is seized, or if both spouses hold Belgian nationality.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors do local courts take into account when determining forum\/jurisdiction issues? In what circumstances (if at all) would your jurisdiction stay divorce proceedings in favour of proceedings in another country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As explained under question 1, habitual residence and joint nationality are commonly used factors to determine jurisdiction.<\/p>\n<p>Pursuant to the Brussel IIbis and IIter Regulations, Belgian courts will stay divorce proceedings if another court of a member state to the Regulation was first seized to handle the divorce case, until that court establishes its jurisdiction.<\/p>\n<p>Where the jurisdiction of the court first seized is established, the Belgian courts shall decline jurisdiction in favour of the court first seized.<\/p>\n<p>In divorce cases where the Belgian Code of Private International Law applies (because no EU or other international instrument applies), Belgian courts should stay proceedings when a claim between the same parties and involving the same cause of action is pending before a foreign court which was seized first and it is foreseeable that the foreign decision will be likely to be recognised or enforced in Belgium.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is applicable law relevant in your jurisdiction \u2013 when and how would this apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Belgian is a member to the Regulation 1259\/2010 of 20 December 2010 (\u201cRome III Regulation\u201d) which defines the applicable law to divorce and legal separation. Belgian courts will apply the rules of this Regulation when it has jurisdiction to rule on a divorce application.<\/p>\n<p>If spouses did not make a valid choice of applicable law, the law of the State where the spouses are habitually residing at the time the court is seized will apply. If there is no habitual residence, the law of the place where they were last habitually residing will apply, provided that the period of residence did not end more than 1 year before the court was seized, in so far as one of the spouses still resides in that State at the time the court is seized. Failing that, the law of the State of which both spouses are nationals at the time the court is seized will apply. Or, lastly, if none of the other criteria upholds, the law of the State where the court is seized will apply.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the grounds for divorce and are they fault-based? What is the broad procedure and timeline for divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Spouses can file for divorce on grounds of irretrievable breakdown by making an application at the Family Court. Irretrievable breakdown may be proven by any legal means. The law deems the marriage to be irretrievably broken down in the following circumstances:<\/p>\n<ul>\n<li>When the application is filed by one spouse and the other spouse opposes the divorce, it may only be granted after a period of one year of de facto separation.<\/li>\n<li>When the application is filed by one spouse and the other spouse consents to the divorce at the first hearing, the divorce may be granted either after six months of de facto separation, or when both spouses confirm their mutual consent to the divorce at a subsequent hearing held three months after the first hearing.<\/li>\n<\/ul>\n<p>Irretrievable breakdown may be proven by other facts, such as duly established acts of domestic violence, adultery or any other fact that makes it impossible to resume or continue living together.<\/p>\n<p>Belgium no longer recognizes fault-based divorce. However, the issue of fault may still arise in certain cases, such as in maintenance disputes between ex-spouses or when determining the irretrievable breakdown of the marriage.<\/p>\n<p>There is also a possibility to divorce by mutual consent if the spouses can reach an agreement on all custody and maintenance aspects related to their joint minor children (if any) as well as on all aspects concerning their personal rights (such as their right to personal maintenance) and all aspects of matrimonial law, including the division of their matrimonial assets. If the conditions are met, the court will grant the divorce and approve the agreement relating to the children. In principle, a decision can be expected within six weeks after filing the divorce petition. The divorce becomes final and binding upon third parties once it has been registered.<\/p>\n<p>The timeline of a divorce procedure varies depending on whether it is a divorce by mutual consent or a divorce for irretrievable breakdown.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements for service of divorce proceedings in your jurisdiction? Can you make a joint application for a divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>An application for divorce on the grounds of irretrievable breakdown can be filed in the following ways:<\/p>\n<ul>\n<li>By writ of summons: This is served on the defendant by a bailiff on behalf of the plaintiff. It is not required to serve the defendant in person.<\/li>\n<li>By petition: This is served on the defendant by the clerk of the Family Court at the request of the plaintiff. Spouses can make a joint application for divorce.<\/li>\n<\/ul>\n<p>The court is seized either from the date the writ is served by the bailiff or from the date the petition is lodged with the Family Court.<\/p>\n<p>For divorce by mutual consent, the application is filed with the clerk of the Family Court via joint petition submitted by both spouses.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are the following recognised in your jurisdiction? a. Foreign marriages; b. Foreign civil partnerships \/ civil unions; c. Customary marriages, or d. Religious marriages.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><h4>Foreign marriages<\/h4>\n<p>A foreign marriage will be recognized in Belgium without any specific proceedings if the validity of the marriage is established in accordance with the applicable law pursuant to the provisions of the Belgian Code of Private International Law, both in terms of substantive and formal conditions. According to the Belgian Code the formal conditions of marriage are governed by the law of the State in whose territory the marriage is celebrated and the substantive conditions for the validity of the marriage are governed, for each spouse, by the law of the State of which they are a national at the time of the celebration of the marriage.<\/p>\n<h4>Foreign civil partnerships \/ civil unions<\/h4>\n<p>The recognition of a civil partnership occurs de plano by the civil registrar. No specific proceedings are required, provided that, the cohabitation was entered into in accordance with the law governing its registration and in compliance with the conditions necessary for the authenticity of the document under the law of the country where it was drawn up. In addition, the Belgian registrar must verify whether the recognition is in accordance with public policy.<\/p>\n<h4>Customary and religious marriages.<\/h4>\n<p>In Belgium, you cannot enter into a religious marriage without first having a valid civil marriage. However, foreign religious and customary marriages can be recognised if:<\/p>\n<ol>\n<li>The formal requirements of marriage under the law of the country where the marriage was celebrated are satisfied; and<\/li>\n<li>The substantive requirements for validity of the marriage, as governed by the law of each spouse\u2019s nationality at the time of the marriage, are fulfilled.<\/li>\n<\/ol>\n<p>Recognition is also subject to the condition that the marriage does not conflict with Belgian public policy (e.g., it is not polygamous, both parties consented, and both are of legal age).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are same sex marriages \/ unions recognised in your jurisdiction and if so, how?  Does your jurisdiction recognise same sex marriages \/ unions that have taken place in another jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Same sex marriages have been legalised in Belgium since 2003. Belgium also recognizes same-sex marriages that have been performed in other jurisdictions under the same conditions as it recognizes other marriages.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the substantive financial orders (e.g. capital, property, pensions and maintenance \/ alimony) the court can make?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Upon divorce on the grounds of irretrievable breakdown the court will order the division of the assets of the ex-spouses. The division is made in accordance with their matrimonial property regime and will be carried out by a notary public if the parties cannot agree on the division. (see question 9<\/p>\n<p>The economically weaker ex-spouse can also make a claim for personal maintenance. (see questions 10 and 11)<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the guiding principles adopted in your jurisdiction in relation to the division of assets?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In case of divorce on the grounds of irretrievable breakdown, where the parties fail to reach an agreement on the division of their assets, the court appoints a notary to conduct judicial liquidation and partition proceedings. Acting as an impartial judicial officer, the notary is responsible for preparing a proposed division of the matrimonial estate.<\/p>\n<p>The manner in which liquidation and partition are conducted depends on the matrimonial regime of the former spouses. For example, where the spouses are married under the statutory regime of separation of property with community of acquisitions, the first step in the liquidation process is to determine which assets constitute separate property and which form part of the matrimonial property. The matrimonial property is divided equally between the spouses. In principle, the assets are divided on the basis of their value at the time of partition. Certain exceptions apply, in particular with regard to professional assets and shares of a company in which one of the spouses pursues his or her professional activity. Where division in kind is not feasible and the parties cannot reach an agreement, the property is sold and the proceeds are distributed between them.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the court make interim financial provision during proceedings? (including for legal and interim maintenance \/ alimony costs) during the proceedings, and what factors are taken into account?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>During divorce proceedings, the spouses remain married and, in principle, continue to be bound by the obligations of marriage, including mutual assistance. The court can impose interim measures, such as allowing one spouse to remain in the matrimonial home, prohibiting the spouses from removing assets belonging to the matrimonial property, or \u2013 at the request of the economically weaker spouse &#8211; to grant maintenance during the proceedings. This maintenance is based on the obligation for spouses to support each other during the marriage.<\/p>\n<p>There is no specific ruling regarding legal costs. Generally, the legal costs of the divorce proceedings (excl. attorney fees) are shared equally by both parties. However, in certain circumstances, the judge may order one party to cover the legal costs of the proceedings. The court may also order one party to pay to the other party an amount to cover its costs of representation by an attorney. The amount of such indemnity is set by law and rarely covers the actual legal fees incurred.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is ongoing spousal maintenance \/ alimony dealt with \u2013 is it typically awarded for a fixed term or on an ongoing basis? Is there a standard formula for calculating the amount and duration, or do judges retain discretion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>After the divorce is becoming final, in order to receive spousal maintenance, the ex-spouse needs to prove that he or she cannot cover his\/her state of need with his\/her own income. The amount of maintenance is determined based on the income and capacities of both ex-spouses. The court will also take into account the significant decline in the economic situation of the petitioner. The court will base its assessment of that regression on the duration of the marriage, the age of the parties, their behaviour during the marriage with regard to the organisation of their needs, the dependent children during cohabitation or thereafter,\u2026 spousal maintenance is not intended to guarantee the full preservation of the standard of living enjoyed prior to the divorce. The maintenance allowance is generally capped at one-third of the debtor&#8217;s income.<\/p>\n<p>The period for which maintenance is granted is in principle limited to the duration of the marriage, however exceptions can be granted.<\/p>\n<p>If the defendant proves that the state of need of the petitioner is the result of a unilateral decision made by the latter and without the needs of the family justifying this choice, they may be exempted from paying maintenance or only required to pay a reduced amount.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign financial orders?  How is enforcement dealt with to ensure compliance with financial orders following divorce in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to the Matrimonial Property Regulation financial settlement regarding marital property from other EU member states are recognised in Belgium without additional procedures, except:<\/p>\n<ul>\n<li>if such recognition is manifestly contrary to public policy in the Member State in which recognition is sought ;<\/li>\n<li>where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings in sufficient time and in such a way as to enable him to arrange for his defence ;<\/li>\n<li>if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is sought ;<\/li>\n<li>if it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.<\/li>\n<\/ul>\n<p>Decisions given in an EU member state and enforceable in that state shall also be enforceable in Belgium when \u2013 upon the application of any interested party \u2013 they have been declared enforceable by the Belgian judge in accordance with the procedure provided for in the Matrimonial Property regulation.<\/p>\n<p>The recognition and enforcement of financial settlement regarding marital property made by a non-EU Member State are governed by the rules of the Belgian Code of Private Internation Law:<\/p>\n<ul>\n<li>In principle the decision is recognized in Belgium without any court procedure. There are some grounds of refusal of recognition, e.g. when the decision is against public policy or when the rights of defence have not been respected. A financial settlement included in a foreign authentic instrument will generally also be recognized.<\/li>\n<li>Enforcement of a decision or an authentic document holding a financial settlement regarding marital property requires judicial intervention, initiated by a petition to the Family Court. The enforcement in Belgium can only be ordered if the decision has executory force in the State where the decision\/instrument was drawn up.<\/li>\n<\/ul>\n<p>For financial orders on maintenance the recognition and enforcement depends on whether or not an Member State is bound by the Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations\u202f(\u201c2007 Hague Protocol\u201d).<\/p>\n<ul>\n<li>The need for an exequatur between Member States to the 2007 Hague Protocol is abolished. Orders given in a Member State bound by the 2007 Hague Protocol shall be recognised in Belgium without any special procedure being required and without any possibility of opposing recognition. Those orders that are enforceable in the Member State bound by the 2007 Hague Protocol shall also be enforceable in Belgium without the need for a declaration of enforceability.<\/li>\n<li>A decision given in a Member State not bound by the 2007 Hague Protocol shall be recognised in Belgium without any special procedure being required. The decision can be executed only once the Belgian court, upon a unilateral petition, has granted a declaration of enforceability.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can financial claims be made in your jurisdiction after an overseas divorce?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Belgian law, divorce proceedings, maintenance claims, and the division of assets are handled as three separate legal proceedings. While they can be combined into a single application, this is not mandatory. As a result, it is possible to file financial claims \u2014 such as requests for maintenance or asset division \u2014 before a Belgian court, even if the divorce decision was made abroad, provided the Belgian courts have jurisdiction and the claim has not already been adjudicated in a foreign jurisdiction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction operate a marital property regime and if so, which?  Is there a default matrimonial property regime? Are foreign property regimes recognised and if not, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Belgian law, couples can choose from three main marital property regimes, each with distinct implications for asset ownership and financial responsibilities: a separation of assets with community of acquests, a full separation of property, or a community of property. The parties may also regulate their property regime themselves based on one of the aforementioned regimes.<\/p>\n<p>Contrary to a pre- or postnuptial agreement, spouses cannot pre-arrange all financial aspects of a future divorce, such as compensatory maintenance, asset division, or provisions for children in such a marriage contract.<\/p>\n<p>In the absence of a marriage contract, the default matrimonial regime is a regime of separation of assets with community of acquests, under which assets acquired during the marriage are jointly owned and divided equally upon dissolution of the regime, while assets acquired prior to the marriage and those received by inheritance or gift remain the personal property of each spouse.<\/p>\n<p>Foreign property regimes are, in principle, recognized in Belgium and have the same evidentiary effect as in their state of origin, unless this would be manifestly contrary to Belgian public policy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are pre-nuptial and post-nuptial agreements binding? Is it different if the prenuptial or post nuptial agreement was concluded in your jurisdiction (as opposed to another jurisdiction)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign prenuptial and postnuptial agreements are in principle recognised in Belgium. If the foreign marriage contract or pre-or postnuptial agreement is established in an authentic deed executed on or after 29th of January 2019 the rules of the Matrimonial Property Regulation will apply. An authentic instrument established in a Member State to the Matrimonial Property Regulation shall have the same evidentiary effects in Belgium as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy in Belgium.<\/p>\n<p>The recognition of a foreign marriage contract or pre-or postnuptial agreement drawn up before 29th of January 2019 or in a non-Member State to the Matrimonial Property Regulation will be governed by the Belgian Code of Private International law. The Belgian Code states that a foreign authentic instrument is recognized by any authority in Belgium without the need for any procedure if the validity is established in accordance with the law applicable by virtue of the Private International Law Code. The authentic deed must satisfy the conditions necessary to establish authenticity under the law of the State where is was drawn up. However, the deed may not be manifestly incompatible with public policy and will only be recognized in so far as the parties have not tried to evade the application of the law designated by the Private International Law Code.<\/p>\n<p>There are however some points of attention. For example, in the event Belgian substantive maintenance law would be applicable, a plain waiver of a right to maintenance in a pre- or postnuptial agreement would not be considered to be valid and would be set aside. Under Belgian law a waiver of the right to maintenance after divorce, prior to the dissolution of the marriage is not valid. Only after the dissolution of the marriage could such a waiver be validly carried out.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is maintenance for a child dealt with in your jurisdiction? What is the duration of a child maintenance order?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Parents are required to provide housing, maintenance, healthcare, supervision, education, training, and development for their children, in proportion to their cumulated financial means. This obligation continues beyond the age of 18 (majority age) if the child\u2019s education has not been completed.<\/p>\n<p>In cases where parents disagree on child maintenance or if one parent fails to meet their obligations, an application for child maintenance can be submitted to the Family Court. Non-emancipated minors (children under 18) cannot apply for maintenance directly against their parents.<\/p>\n<p>Child maintenance is determined based on the needs of the child and the means of the parents. The means of the parents include all professional, personal, and property income, as well as any benefits or other resources that contribute to the parents\u2019 standard of living. A child is entitled to share in the standard of living enjoyed by their parents. The child\u2019s living arrangements and each parent\u2019s in-kind contributions as part of these arrangements are also considered when determining the amount of maintenance.<\/p>\n<p>The amount of child maintenance can always be adjusted based on the child\u2019s evolving needs and if circumstances change for reasons beyond the parents&#8217; control.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">With the exception of child maintenance, does the court have power to make any orders for financial provision for a child, e.g. housing and\/or capital sums?  If so, in what circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Belgian law does not allow other orders for financial provisions for children in the same way as common law jurisdictions do.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is cohabitation recognised and if so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Unmarried couples have the option to either remain in a de facto union, with minimal rights and obligations toward one another, or choose to enter into a registered partnership.<\/p>\n<p>The recognition of a civil partnership occurs de plano by the civil registrar (see question 6).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial claims, if any, do cohabitees have when they separate and how are such claims determined i.e. what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the relationship between registered partners becomes seriously disrupted, the Family Court can order interim measures (such as maintenance) under certain circumstances. These measures automatically expire when the registered partnership is terminated (except those related to their common children).<\/p>\n<p>Once cohabitation has ended, it is also possible to apply to the judge for urgent and provisional measures, subject to certain conditions (for example, the introduction of certain measures must occur within three months). However, there is no legal basis to award maintenance between partners after separation. While some legal scholars argue that maintenance post-separation between registered partners should be possible, this view is contested. Nonetheless, the partners can include provisions for maintenance payments in a registered partnership agreement, which must be notarized.<\/p>\n<p>Unmarried partners in a de facto union do not have the same legal rights or protections. If they separate, no legal safeguards apply.<\/p>\n<p>Following a separation, registered partners or those in a de facto union may request the division of undivided assets. They may also seek compensation for any asset shifts that occurred between them, based on the legal principle of unjustified enrichment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal status of separated parents in relation to their children? Does it make a difference if the parents were never married?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Parental responsibility is typically shared by both parents, requiring them to make joint decisions on significant matters concerning their children&#8217;s upbringing and care. In rare cases, a court may grant one parent exclusive parental responsibility, but this is only done under exceptional circumstances with compelling justification.<\/p>\n<p>The rules governing parental responsibility and custody remain the same, whether the parents are married, living together, or separated.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for child arrangements\/child custody proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the Brussels II bis\/ter Regulation, Belgian courts have jurisdiction over child custody or child arrangement matters if the child is habitually resident in Belgium when the court is seized. A child&#8217;s habitual residence is defined as the place where their social life is centered, determined by the specific circumstances of each case.<\/p>\n<p>If the child relocates to another country during Belgian proceedings, this typically does not affect the international jurisdiction of the Belgian court.<\/p>\n<p>In exceptional cases, Belgian courts can request a court in another Member State under the Brussels IIbis\/ter Regulation to assume jurisdiction if they believe the other court, due to a particular connection with the child, is better positioned to determine what is in the child&#8217;s best interests.<\/p>\n<p>If Belgian courts lack jurisdiction under the Brussels IIbis\/ter Regulation, they must first confirm that no other Member State governed by those conventions can assert jurisdiction. Only then can they assume jurisdiction based on another international instrument, such as the Hague Convention of 19 October 1996, or the Belgian Code of Private International Law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to contact following the breakdown of a relationship? What types of orders can the court make in relation to child custody\/a child\u2019s living arrangements and what are the guiding principles?  What steps are followed to hear the voice of the child?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Regarding custody, evenly divided residence with both parents is generally preferred. When assessing this arrangement, the court will prioritize the child\u2019s best interests and the quality of contact with each parent. While the parents&#8217; interests may also be considered, they must not compromise the child&#8217;s welfare. Additional factors the court evaluates include the need for a stable environment, financial feasibility, parental lifestyles, availability of the parents and educational capabilities of the parents.<\/p>\n<p>Children aged 12 and older have the right to be heard in court, although they are not obligated to do so and may refuse. The court will hear the child privately, with only the Family Court clerk present. The child&#8217;s opinion will be given appropriate weight based on their age and maturity. The report of the child&#8217;s hearing by the judge is added to the case file, and the parents may access it (unless the judge decides that certain parts should remain confidential).<\/p>\n<p>Children under 12 may be heard if they or one of the parties, the public prosecutor, or the court requests it. However, the judge can decline to hear a child under 12, except when the request is made by the child or the public prosecutor.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules relating to the relocation of a child within and outside your jurisdiction and what are the guiding principles?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>When a parent wishes to relocate, either within or outside Belgium, and this move would prevent them from adhering to the existing child arrangements, they must obtain the consent of the other parent who shares parental responsibility for the relocation and modification of the current arrangements.<\/p>\n<p>If no mutual agreement can be reached, the relocating parent must seek an order from the Family Court to alter the existing child arrangements. The court will assess the request by considering the best interests of the children and parents, along with factors such as the child&#8217;s age, the distance of the new location, the reason for relocation, the separation of siblings, the need for stability, and other relevant circumstances.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the process for recognising and enforcing foreign orders for contact\/custody of children?  Does your court operate a system of mirror orders?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><ul>\n<li>Custody orders issued in a Member State under the Brussels IIbis\/ter Regulation are recognised in Belgium without any special procedure being required and without any possibility of opposing its recognition unless and to the extent that the decision is found to be irreconcilable with a later decision relating to parental responsibility concerning the same child which was given either in Belgium, or, in the state of the child\u2019s habitual residence provided that the later decision fulfils the conditions necessary for its recognition in Belgium.<\/li>\n<\/ul>\n<p>Custody orders from non-EU Member States or Denmark are also recognized automatically in Belgium under the Hague Convention of 19 October 1996 or the Belgian Code of Private International Law. However, recognition may be refused if there are grounds, such as if the order is manifestly contrary to Belgian public policy, or if it infringes someone&#8217;s parental responsibility and was issued without giving that person the opportunity to be heard.<\/p>\n<ul>\n<li>A custody decision issued in an EU Member State (except Denmark), which is enforceable in the state of origin, will be enforced in Belgium under the same conditions as a decision made in Belgium. However, there are grounds for refusal of enforcement.<\/li>\n<\/ul>\n<p>Enforcement of a custody order from a non-EU Member State that is a contracting party to the Hague Convention of 19 October 1996, and enforceable in that state, can occur upon request by an interested party following Belgian internal procedures.<\/p>\n<p>Other custody orders will be enforced based on the rules of the Belgian Code of Private International Law. Enforcement of these decisions will require judicial intervention, initiated by filing a petition with the Family Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position on international abduction? Is your jurisdiction a signatory of The Hague Convention on the Civil Aspects of International Child Abduction 1980?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Belgium signed the Hague Convention of 1980 on 11 January 1982, ratified it on 9 February 1999, and the Convention entered into force for Belgium on 1 May 1999.<\/p>\n<p>Belgium has also signed and ratified the Hague Convention of 19 October 1996 on parental responsibility and measures for the protection of children. It is likewise bound by the European Convention of 20 May 1980 on the recognition and enforcement of decisions concerning parental responsibility, as well as by the Brussels II bis and ter Regulation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the status of surrogacy arrangements and are surrogates permitted to be paid? Is surrogacy available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Surrogacy in Belgium currently lacks a formal legal framework. While it is not explicitly authorized, it is also not prohibited. As a result, several specialized fertility centers offer surrogacy services. In the absence of legal regulation, these centers establish their own protocols. The absence of a legal framework has several implications:<\/p>\n<ul>\n<li>There is no automatic establishment of legal parentage with the intended parent. The surrogate is legally considered the child&#8217;s mother, and if she is married, her spouse is presumed to be the child&#8217;s legal father. It will then be necessary to go through judicial proceedings, which vary depending on the circumstances (e.g. contesting paternity\/co-maternity, recognition, adoption), and the outcome is not guaranteed.<\/li>\n<li>There is no legal protection for intended parents. For instance, if the surrogate decides not to hand over the child, the intended parents have no legal recourse.<\/li>\n<\/ul>\n<p>While surrogacy is not prohibited, provided it is altruistic, any surrogacy agreement is considered legally void. This is due to the legal principle that the human body and personal status cannot be commercially disposed of.<\/p>\n<p>Additionally, surrogacy must be altruistic, not commercial. Commercial surrogacy arrangements are strictly prohibited. The surrogate can only be reimbursed for expenses directly related to the surrogacy process, such as medical and legal costs. Financial compensation beyond this is not allowed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal position in relation to adoption? Is adoption available to individuals and cohabiting couples (both heterosexual and same-sex)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are two forms of adoption:<\/p>\n<ul>\n<li>Full adoption may be granted in respect of a child up to the age of 18 and has the effect of completely severing the legal ties between the child and their family of origin, thereby creating a new and exclusive legal relationship with the adoptive parent(s).<\/li>\n<li>Simple adoption, which may be granted irrespective of the adoptee\u2019s age, preserves the existing legal ties with the family of origin while establishing an additional legal bond with the adoptive parent(s).<\/li>\n<\/ul>\n<p>Both single persons and married or cohabiting partners may adopt a child. When adoption is undertaken jointly by de facto cohabiting partners, the couple must demonstrate that they have been in a stable relationship for more than three years. Same-sex couples are also permitted to adopt.<\/p>\n<p>Every adoption must further comply with a number of legal requirements, including those relating to the age of the adoptive parent(s) and the necessary consents of the adoptee, the biological parents, and, where applicable, other parties involved. In all cases, the adoption must serve the best interests of the child.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What forms of non-court dispute resolution (including mediation) are available in your jurisdiction? Is non-court dispute resolution mandatory? What is the status of agreements reached via NCDR?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Belgian law recognizes mediation, arbitration, and collaborative negotiations as methods for resolving disputes.<\/p>\n<p>Out-of-court mediation takes place independently of court proceedings. The parties mutually agree to engage a third party, the mediator, to help them resolve their dispute. If desired, the agreement can be homologated by a court.<\/p>\n<p>Judicial mediation occurs within the context of a court case. The court can order mediation on its own initiative unless both parties oppose it. It can also be requested by one or both parties, in which case the court proceedings are paused to allow mediation. In family law matters, courts are legally obliged to encourage amicable resolutions at any stage. For this purpose, cases can be referred to the Family Court\u2019s mediation chamber. Once an agreement is reached, it is incorporated into a judgment that is ratified and enforceable.<\/p>\n<p>Collaborative negotiation involves both parties negotiating with the assistance of specially trained and certified collaborative lawyers.<\/p>\n<p>Parties may also choose arbitration to settle their dispute outside the formal court system.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which areas of family law are likely to see reform in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There has been increasing attention to the rights of cohabiting partners, with a growing legal emphasis on safeguarding their interests, particularly in matters relating to finances and child custody.<\/p>\n<p>In addition, there is a heightened focus on alternative dispute resolution mechanisms. Courts are progressively encouraging parties to settle their disputes through mediation, with the aim of achieving sustainable, mutually supported outcomes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are family proceedings conducted in private? Is the press allowed to attend hearings? Are judgments made public?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Court hearings are open to the public. However, in family law, all proceedings involving persons are heard in private chambers to preserve confidentiality and, in particular, to protect the best interests of the child. This includes cases concerning divorce, parental responsibility, child maintenance, upbringing, education, and cross-border custody and visitation rights, as well as any related legal claims dealt with during the same hearing.<\/p>\n<p>The Constitution stipulates that all judgments must be made public, however, in practice, this is not truly the case. While judges do deliver their judgments in open court, the written decisions are not freely accessible to the public.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does relationship breakdown impact death and estate planning?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A divorce or the termination of a statutory cohabitation results in the settlement and division of the joint and\/or undivided property, as well as the liquidation of any accounts owed between the parties. If one of the partners dies thereafter, they are considered to be single, and only the assets they received from the settlement and division of the matrimonial or cohabitation property regime will pass to their heirs.<\/p>\n<p>A relationship breakdown between a married couple or cohabiting partners does not prevent the partners from inheriting from each other as long as the divorce has not yet been pronounced and become final, or the legal cohabitation has not been formally terminated. They may disinherit each other by last will; however, the reserved rights of a spouse can only be revoked if the spouses have been living apart de facto for more than six months and a request for divorce or judicial separation has been filed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6375<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/119078","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=119078"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}