Divorce in Belgium: procedure, costs and steps

A divorce in Belgium follows one of two routes: divorce by mutual consent (echtscheiding door onderlinge toestemming / divorce par consentement mutuel) or divorce on the ground of irretrievable breakdown (onherstelbare ontwrichting / désunion irrémédiable). The first is based on an agreement on every issue, the second on a decision of the family court (familierechtbank / tribunal de la famille). The route you take determines not only how long it lasts and what it costs, but also how much stays in your own hands.

1. Divorce by mutual consent

This is the fastest and most predictable procedure. You settle everything in advance in written agreements: the division of assets, the home, the debts, any maintenance between spouses and — if there are children — parental authority, residence arrangements, child maintenance and extraordinary expenses. If you own real estate, a notary is involved in that settlement. Only once the agreement is complete do you jointly file a petition with the family court.

Advantages: you decide the content yourselves, the procedure is short, and costs remain limited because there is no contested debate before the court. The court does check that the arrangements for the children are not manifestly contrary to their interests, and may propose changes on that point. More about divorce by mutual consent.

2. Divorce on the ground of irretrievable breakdown

If you cannot agree, or your spouse refuses to cooperate, the divorce can be granted on the ground of irretrievable breakdown of the marriage (Article 229 of the former Civil Code, oud Burgerlijk Wetboek / ancien Code civil). You do not need to prove fault: it is enough that continuing or resuming life together is reasonably impossible. There are three routes:

• Proof of the breakdown by any legal means. The divorce can then be granted fairly quickly, but the debate over the facts may escalate the conflict.
• Joint application after more than six months of de facto separation. The breakdown is then established. If the de facto separation is shorter, a second hearing is required.
• Unilateral application after more than one year of de facto separation. If that period has not yet elapsed, a second hearing follows once the waiting period has been reached.

Important: this procedure deals with the divorce itself. Its consequences — the children, the home, spousal maintenance, the division of assets — are dealt with separately, if necessary at the same time through urgent and interim measures.

Urgent and interim measures during the proceedings

During the proceedings, the family court can order interim measures: who stays in the family home, how the children are cared for, what maintenance is paid, how the household costs are shared. For such questions between spouses, the law presumes urgency (Article 1253ter/4, § 2, of the Judicial Code), so a decision is given at short notice. If your situation changes, the measures can be adjusted.

In practice, this first decision often shapes the rest of the case: what works on the ground is difficult to reverse later. More about urgent and interim measures.

Spousal maintenance after divorce

A spouse in need can claim maintenance after the divorce (Article 301 of the former Civil Code); in a divorce by mutual consent, the spouses set it themselves. The court may refuse maintenance to a spouse who committed a serious fault that made continued cohabitation impossible, and never grants it to a spouse found guilty of certain acts of violence against the other spouse.

Maintenance must at least cover the state of need. The court takes into account the income and means of both parties and any significant deterioration in the applicant’s economic situation. The amount may not exceed one third of the paying spouse’s income, and its duration is in principle limited to the length of the marriage. More about spousal maintenance after divorce.

Children: parental authority, residence and child maintenance

A divorce ends the marriage, not parenthood. Parental authority in principle remains joint (Articles 373 and 374 of the former Civil Code). If the parents disagree on residence, the family court will, at the request of either parent, examine an equally shared residence arrangement as a priority; the child’s interests remain decisive.

Child maintenance is a separate obligation from maintenance between former spouses, with its own rules (Articles 203 and 203bis of the former Civil Code). More about separating with children and about how child maintenance is calculated.

Liquidation and division of the marital assets

The divorce ends the marriage; the judgment does not divide your assets. In a divorce by mutual consent, that settlement is already contained in the prior agreements. After a divorce on the ground of irretrievable breakdown, a separate phase of liquidation and division follows, either amicably or through the court, usually with a notary. The matrimonial property regime then determines what is joint and what remains separate property.

A family home with an outstanding mortgage, a self-employed business or a personal contribution often make this part heavier than the divorce itself. Have these consequences reviewed before you sign an agreement — not afterwards.

How much does a divorce in Belgium cost?

The cost depends on the route chosen. A divorce by mutual consent involves drafting the agreements, the court registration fee (rolrecht / droit de mise au rôle) and procedural costs, and possibly notary fees where real estate is involved. A procedure based on irretrievable breakdown becomes more expensive the more issues are disputed. Between spouses, the court may apportion the legal costs (Article 1017, fourth paragraph, of the Judicial Code), for example so that each party bears its own costs.

If you have legal expenses insurance, check whether family disputes are covered. If your income is below the statutory thresholds, you can apply for second-line legal aid (juridische tweedelijnsbijstand / aide juridique de deuxième ligne) at the Legal Aid Office (Bureau voor Juridische Bijstand / Bureau d’Aide Juridique), as well as for assistance with court costs (gerechtelijke bijstand / assistance judiciaire).

In practice: where to start

1. Map out your assets: property, loans, savings, group insurance, debts.
2. Gather information on the income of both parties.
3. Note the children’s actual situation: school, childcare, activities, costs.
4. Keep proof of the date of your de facto separation, such as a change of address or a lease: that period counts in the proceedings.
5. Decide what matters most to you. Not everything is equally important, and recognising that makes an agreement possible.

Novex Advocaten

We assist with divorces by mutual consent and conduct proceedings before the family court, in Dutch, French, English and Arabic. Send us a broad outline of your situation, and we will set out the route, the timeline and the costs.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.