Family Lawyers in Belgium

Aspects governed by Family Law in Belgium

Legal personality, cohabitation, marriage, matrimonial, separation, divorce by mutual consent or for irremediable disunity, accommodation for children, visitation grandparents, filiation, alimony or family mediation are among the items governed by the Family Law in Belgium.

A person’s domicile represents the address registered at the local commune, as well as the address where the government letters are sent in comparison to a habitual residence, that is the place where a person actually lives, but it has to be proven with strong evidence, such as service providers or witnesses. Our family lawyers in Belgium can give you more details on this matter.

Marriage and divorce, a main aspect of the Family Law in Belgium

Divorce in Belgium can be of two types, as described by family law: by mutual agreement or divorce for irretrievable breakdown of the marriage (fault-based divorce on specific grounds was abolished in 2007). The first type is made with the manifestation of both spouses, but until 2007 they both had to be over 20 years old, and the marriage should have been contracted at least two years before the petition (these conditions were abolished by the divorce reform of 27 April 2007, in force since 1 September 2007). As for the second type of divorce, it can be requested by one or both spouses when the marriage has irretrievably broken down, for example after a de facto separation of more than one year; no proof of fault is required. Before 2007, Belgian legislation stated that grounds for divorce could be adultery, excesses, mental or physical abuse, or de facto separation. The legal effects of divorce are seen in personal relations, division of property, the obligation to pay maintenance to the other spouse and the spouses’ minor children.

As for marriage, Belgium was one of the first countries in the world (2003) to accept same-sex marriage, a very important aspect of the family law. As with a straight marriage, it is required to register with the commune for a civil marriage ceremony before the civil registrar (officier de l'état civil/ambtenaar van de burgerlijke stand). Our family lawyers in Belgium can assist you.

Alimony in Belgium

After divorce, if no prenuptial agreement exists, all common finances and common property are split equally between the two sides. However, finances inherited or obtained before the marriage remain with the original owner. 

If one of the spouses has a lower income than the other, the wealthier one can be obligated to pay a “maintenance fee”, but it cannot be higher than a third of the total income. However, if the spouse with the lower income is responsible for the divorce, the alimony may be refused.

When it comes to child maintenance fees, they are calculated according to the needs of the child, as well as to the income of each parent. The child maintenance fee must be paid until the child reaches 18 years old or when the studies are completed.

Cohabitation and inheritance laws in Belgium

Individuals living together can register legally according to family law in Belgium, and their individual property rights are not affected. Once registered as a cohabitant with a member of the European Union, the non-European Union citizen can apply for residence as a family member, provided the conditions (e.g. proof of a stable and durable relationship) are met, and, once granted, obtains the legal right to work in Belgium.

In regards to inheritance laws, they include assets, as well as debts of the deceased. In a situation in which debts are higher than the assets, one can reject the inheritance. 

Belgian family law states that immediate family members benefit from the inheritance; a will can only dispose of the freely disposable portion, because children are forced heirs (reserved portion of half the estate since the 2018 reform) and the surviving spouse also has reserved rights, and tax applies if the person is living in the country. If no legal will exists, children and grandchildren are on top of the list (the surviving spouse receives the usufruct of the whole estate), followed by parents, brothers and sisters. The Belgian state receives the inheritance if no close relatives exist. Our family lawyers in Belgium can help you in various legal matters.