About International marriage
- is a Belgian citizen at the time of the ceremony
- has had his or her place of residence in Belgium for more than three months
- Passport or ID
- Proof of nationality;
- Birth certificate;
- Prenuptial agreement (if there is one);
- Proofs of adress;
- Proofs of civil status;
- Proof of residence
- When you are a third country resident coming to BelgiumUITLEG
- When you are a member of the European union coming to Belgium A. You are married
- Wedding contract concluded? In a wedding contract it is possible to opt the applicable law: You may choose for your property relations and marriage contract to be subject to the law of the country of nationality of either of the spouses or of the country where either of the spouses is domiciled or resides. They may choose the applicable law either before entering into marriage or during the marriage (Art. 52 para. 1 of the Act on the Private International Law). When no choice was made, go to 2
- When you don't have a contract with your spouse, the applicable law of the contract is the joint nationality. In the case you don't have the same nationality as your spouse go to 3.
- When you and your spouse don't have the same nationality the first rule is to apply the law of the first marital residence
- The law of the State where the spouses are habitually resident at the time the agreement is concluded;
- or the law of the State where the spouses were last habitually resident, in so far as one of them still resides there at the time the agreement is concluded;
- or the law of the State of nationality of either spouse at the time the agreement is concluded;
- or the law of the forum.
The law of the forum is a legal term to refer to the laws of the jurisdiction in which a legal action is brought.If the law of the forum so provides, the spouses may also designate the law applicable before the court during the course of the proceeding. In that event, such designation shall be recorded in court in accordance with the law of the forum
- Registered Partnership
Depending on your circumstances the one or the other can be in your favour.
- the regime of communal estate of husband and wife
Estate belonging to the husband common estate estate belonging to wife
- the regime of separate estates
Estate belonging tot the husband property in joint ownership estate belonging to the wifeAre there legal assumptions concerning the attribution of property? All assets of which it cannot be proven that they are the property of one of the spouses shall be regarded as common (Art. 1405 CC). Spouses can include a list of assets in the marriage contract. This list applies between the spouses until proof of the contrary, but cannot be invoked against third parties.
About International Divorce
- I 'm a national of a third country UITLEG
- I'm a national of a European country
- The choice of the couple (choosing from the law of one of their nationalities or their (previous) place of residence, or the law of the court seized
- The place of their residence
- Their last place of residence (maximum 1 year ago, 1 of the spouses should still live there)
- Their common nationality
- The law of the court seized (lex fori)
- Divorce by mutual consent
- Divorce citing irreconcilable differences
- you and your spouse live
- you last lived together – provided one of you still lives there one of you lives – provided you are filing a joint application
- your spouse lives
- you live, if:
- you have lived there at least 6 months immediately before filing and are a national of that country.
- If you are not a national, you can file only if you have lived there at least 1 year immediately before filing both you and your spouse are nationals.
- Necessary documents
- Residency permit information;
- Formal petition for divorce;
- Agreement on how to deal with issues arising;
- Pre-nuptial agreement , if this is the case;
- Income, property and tax information;
- Information about any children;
- A parenting plan, if there are children involved.
- Division of property
If your right to stay in Belgium is a spousal permit (eg. tied to their job) you will have to apply for a permit in your own name or leave the country.
Other residency rights are unaffected by divorce. If you need to reapply for a permit, read our complete guide to Belgian visas and permits.
Parents are expected to come to a mutual agreement on where their children will live. The place of residence must be registered with the local council. Both parents must support their children, and the non-resident parent is expected to pay child support until the children are 18. In some cases this means that it isn't allowed to take your children abroad without the permission of the other parent.
Children have the right to be heard by the judge and contribute to the plans made on their behalf, to the extent that they are able.
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought; (b) where it was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the judgment unequivocally; (c) if it is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is sought; or (d) if it is irreconcilable with an earlier judgment given in another Member State or in a non-Member State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.A judgment relating to parental responsibility shall not be recognized:
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is sought taking into account the best interests of the child; (b) if it was given, except in case of urgency, without the child having been given an opportunity to be heard, in violation of fundamental principles of procedure of the Member State in which recognition is sought; (c) where it was given in default of appearance if the person in default was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable that person to arrange for his or her defence unless it is determined that such person has accepted the judgment unequivocally; (d) on the request of any person claiming that the judgment infringes his or her parental responsibility, if it was given without such person having been given an opportunity to be heard; (e) if it is irreconcilable with a later judgment relating to parental responsibility given in the Member State in which recognition is sought; (f) if it is irreconcilable with a later judgment relating to parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought. or (g) if the procedure with respect to the placement of a child in another Member State has not been complied with.