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Getting married

14:24 22/08/2011

It’s relatively simple to get married in Belgium. Both parties must be at least 18 years old, agree to the marriage and have no close blood relation or outside marriages. Also forbidden are sham marriages and forced marriages. Here’s what you need to know.

 

 

Same-sex marriage

Since June 2003, Belgian law has recognised marriages between two persons of the same sex. Such a marriage is almost entirely equal to a heterosexual marriage: everything from taxes and inheritance to divorce procedures is exactly the same. There is, however, one exception: when a married homosexual woman bears a child, her partner is not considered the legal parent of that child.

Paperwork

A marriage licence can issued only if one of the future spouses is either a Belgian citizen or has maintained a place of residence in Belgium for more than three months. So foreigners planning to marry shortly after arrival in Belgium are advised to hold on to any plane tickets, receipts for rent or other evidence of administrative formalities completed here. 
Both partners will need to sign a notice of intent to marry (Déclaration de mariage/Huwelijksaangifte) at the town hall where one or both of you are registered. The notice, to be signed at least 14 days before the planned marriage date, is a licence to marry and is valid for 14 days and six months after issue.

Future spouses already registered at the town hall need each to bring only a copy of their birth certificate and proof of identity. Also, if there is a pre-nuptial agreement, you’ll need a statement from your notary. Should you choose to forego this optional contract, the default “common estate” arrangement is assumed, which means that there are certain assets specific to each spouse, and common assets belonging to both. Those who are not registered at a Belgian town hall must also provide proof of nationality, proof of unmarried status or annulment of a previous marriage, and proof of domicile.

Until the planned marriage date, either party can cancel the notice of intended marriage, but not without explaining their motivation for doing so.


Wedding ceremony


You’ve met all the requirements and have your licence to marry in hand. Congratulations! Your marriage can now go through on the appointed date at the town hall where you signed the notice.

All civil marriages in Belgium follow the same general procedure. First, there must be two adult witnesses present. The marriage administrator will read aloud your spousal rights and obligations, including a few words on living together, loyalty and support. He or she will then ask the partners whether they agree to take each other as spouses under law. Once both partners have verbally agreed, the administrator will declare them legally bound and present the marriage act.


Cohabitation


In Belgium, the number of unmarried couples living together is on the rise. The cohabitation contract is a legal partnership arrangement for heterosexual and same-sex couples. A notary draws up the contract, which can then be registered at the couple’s town hall. For foreigners, the process requires a stack of administration and differs depending on whether you are an EU or non-EU citizen.

Cohabitation brings it with it much of the same protection as being married when it comes to property. For example, one partner cannot decide to sell or mortgage the home without the other’s consent. In cohabitation, just as in marriage, the legal cohabitants are obliged to contribute towards the cost of their living together in proportion to their means. However, they can choose to remain separate individuals for tax and social security purposes.

The contract can be terminated at any time by agreement between the partners or by one partner alone, and usually without any legal involvement. The contract is also terminated if either party marries or dies.


Divorce


In Belgium, divorce is in the hands of the courts. Both parties can turn to the Belgian courts regardless of their nationality.

 Belgium has applied the new rules for divorce between international couples (ie from different nationalities, or living outside their home country or living in different countries). This means the couple can decide which national divorce law is applicable in their case. If they can’t agree, the rules of the country of common residence apply.


Separation 


Either party can ask the local judge, the Juge de Paix/Vrederechter, to set provisional and urgent terms of separation. The judge can decide on living arrangements, child custody, financial arrangements, possible alimony and temporary schedules for paying debts. This temporary separation agreement differs from divorce in that there is no determination of responsibility, and the arrangement is mostly limited to between six and 12 months, during which all marital obligations are still in force, except the requirement that the spouses live together.


Divorce by mutual consent


An uncontested divorce is generally more easily executed, but it is imperative that both parties sign a full agreement covering all eventualities both during and after the divorce. This should cover the division of the estate, living arrangements, residency and maintenance for the children, and alimony, if applicable.

Such an agreement is then ratified by a judge. It is irreversible except with regards to matters concerning children and, unless it has been excluded by the agreement, alimony in the event of unforeseen circumstances.


Irretrievable breakdown of a marriage


Either party can initiate divorce procedures on the grounds that the marriage is beyond repair, through the Court of First Instance in the jurisdiction of the couple’s last shared address or the address of the non-petitioning spouse.

Where both partners agree on the principle of divorce but not on the consequences, they may together file a simple petition for the judge to grant a divorce provided the individuals concerned have been separated for at least six months, or have made two statements before the court within at least a three-month interval.

Alimony

Under this second category of divorce, either party can claim alimony. The amount is determined by the court and automatically linked to the cost of living. The alimony is judged in proportion to the parties’ means, taking into account the couple’s standard of living during the marriage.

Except in special cases, the duration of alimony cannot exceed the length of the marriage, but payments can change in the event of unforeseen circumstances. Alimony also ends automatically on the death of the debtor, or on the remarriage or signing of a cohabitation contract by the recipient. The judge has a wide area of discretion in such cases.

Children and provisional measures

The residency of children and child maintenance payments are independent of proceedings determining divorce and alimony. Unless otherwise ruled, parental authority is exercised by both parties and therefore any important decisions concerning the healthcare, education or religion of the child must be made together.

Since 2006, the court has granted equal residency rights in cases where parents cannot agree on custody arrangements, providing one parent requests it. If the court judges that such an arrangement is not in the best interests of the child, it can grant unequal residency rights: for example, only two weekends a month with one parent.

End of proceedings

The court’s ruling can be appealed by either party within a month of the divorce being officially noted by a bailiff. Only when the ruling becomes permanent is the divorce finalised and recorded in the Civil Registry. Technically, all marriage obligations are still binding until the divorce is final, including fidelity. Only when the divorce is final can the estate be divided. If there is no agreement on how to split the assets, two notaries are designated to do so according to strict rules.

Family mediation

Divorce proceedings can be long and expensive. They can also exacerbate already existing problems, rather than alleviating them. One alternative is family mediation, which has the advantage of calming tensions and restoring a dialogue between the parties, with the help of a neutral third party. Mediation is a voluntary process and nobody can be forced to begin or continue a mediation process. If no agreement is found, it can be interrupted at any time.



Useful addresses

www.avocat.be

www.advocaat.be

www.notaire.be

www.mediationfamiliale.be


Adopting a child 

Every year, a growing number of people in Belgium turn to adoption as a way of enlarging their family. Here’s what you need to know if you want to adopt a child while in Belgium.  

The process of adopting a child in Belgium has recently changed, and unmarried and gay couples are now eligible.

To qualify for adoption, you must be aged 25 or over and at least 15 years older than the child you wish to adopt. Before September 2005, adoption was restricted to married couples and single people, but now unmarried couples are eligible as well, provided they have obtained the status of legal cohabitants, or have been living together for at least three years. A law introduced in 2006 also gives gay couples in Belgium the right to adopt. In practice, though, they still face many hurdles if they choose international adoption, as most countries where children and babies are available for adoption prohibit adoption by homosexuals.

Foreign residents in Belgium follow the same procedure as Belgian nationals, but check with your home country for any requirements that should be taken into account to ensure your adoption is recognised back home.

The First Step

The first step for prospective parents is to sign up for an information programme organised by one of Belgium’s language communities (see addresses below). You are then directed to the Youth Tribunal, which organises a number of interviews and a visit to your home by a social worker. At the end of this process, which can last up to eight months, the tribunal decides whether to declare you fit for adoption.

By then, prospective parents should have a pretty clear idea of whether they prefer to adopt a child born in Belgium (typically newborns of various ethnic origins), or opt for international adoption. The latter route is overwhelmingly predominant, with between 1,000 and 1,500 overseas adoptions conducted every year in Belgium, against 60 or so from within Belgium. Costs range from a few thousand euro for a national adoption to €10,000 or more for foreign adoptions, including agency fees, flights, hotel, orphanage donations and legal costs.

Finding a Child

The majority of overseas children adopted in Belgium currently come from China, Ethiopia, Colombia and eastern European countries including Russia. They live in orphanages or with foster parents and range in age from a few months to six or seven years old, and sometimes older. Some parents deliberately choose to adopt an older child, a group of siblings, or a child with a health concern.

Whichever origin you choose, you will have to go through a government-approved agency. These will help you gather the paperwork, oversee your matching with a child and organise your journey – unless you decide to go for a country that’s not handled by any agency, in which case you will have to contact orphanages yourself, under close supervision from Belgian authorities. Using the services of a lawyer or any other unofficial intermediary is now strictly forbidden and could lead you into serious trouble.


Other Formalities

Parents usually travel themselves to pick up their child. Back in Belgium, there are still various formalities to complete to register your child at the commune and, for non-Belgians, obtain a passport for your child from your country of origin, which can take several months. Adopted children benefit from the same rights as biological offspring. As for parents, they are entitled to childcare benefits, an adoption premium of about €1,000 and a six-week adoption leave, which can vary if the child is older or handicapped.

Useful addresses

French Community: Autorité Centrale Communautaire, Ministère de la Communauté Française, Direction Générale de l’Aide à la Jeunesse, Service de l’Adoption, 44 Boulevard Léopold II, 1080 Brussels, Tel 02/413.41.35, Fax 02/413.21.39, www.adoptions.be

Flemish Community: Vlaamse Centrale Autoriteit, Kind en Gezin Cel Adoptie, 27 Hallepoortlaan, 1060 Brussels, Tel 02/533.12.11, Fax 02/534.13.82, www.kindengezin.be

 

Written by Editorial team