Divorce by mutual agreement in Belgium is a procedure that allows both spouses to amicably end their marriage. This process avoids the need for a judge to resolve separation-related disputes. It offers several advantages, including simplicity, cost, and speed.
In this article, we explain in detail the divorce by mutual consent in Belgium: conditions, procedure, and legal consequences. We invite you to read our article on the general divorce procedure in Belgium here.
What is divorce by mutual agreement in Belgium?
This type of divorce occurs when both spouses agree on the dissolution of their marriage and its consequences. Unlike other types of divorce, such as fault-based or separation, no wrongdoing needs to be proven. The main advantage is the ability to divorce while agreeing on essential points such as asset division, child custody, and alimony, without undergoing a complex judicial process.
The basis for divorce by mutual agreement
The foundation of divorce by mutual agreement is based on Article 230 of the Belgian Civil Code and Article 1287 of the Belgian Judicial Code. This process relies on the total and unconditional agreement of both spouses to end their marriage. Unlike other types of divorce, no fault needs to be proven. The spouses must agree on all aspects of the separation, including financial matters, child custody, and alimony.
Conditions prior to the procedure
Before initiating the divorce by mutual agreement procedure in Belgium, several conditions must be met:
- Mutual agreement on divorce. Both spouses must agree to divorce and have reached an agreement on all issues related to the separation.
- Drafting a divorce agreement. The spouses must write and sign a divorce agreement. This agreement should detail the division of assets, child custody, alimony payments, and any other important provisions.
- Consultation with lawyers. Each spouse must consult a lawyer, who will validate the agreement and ensure their rights are respected.
- No major disagreements. If significant disputes exist, such as concerning child custody or asset division, divorce by mutual agreement will not be possible.
The divorce procedure by mutual agreement
Once the conditions are met, the divorce procedure by mutual agreement in Belgium follows several steps:
- Filing the divorce agreement. The spouses file the signed agreement with the family court, validated by their lawyers.
- Review by the judge. The judge checks that the agreement respects the children’s interests and Belgian legal standards. Since 2018, the judge’s role has been limited to validating the agreement.
- Judicial hearing. A hearing is scheduled, but it is often formal. The judge records the spouses’ agreement and pronounces the divorce.
- Finalization of the divorce. Once validated, the agreement leads to the divorce being pronounced, impacting the liquidation of the marital regime and child custody.
Consequences of divorce
Divorce by mutual agreement leads to several important legal consequences:
- Liquidation of the marital property regime. The spouses must decide in the divorce agreement how their assets will be divided, including real estate, bank accounts, debts, and personal property. In case of separate property, the liquidation is simpler; in community property, assets acquired during marriage must be shared.
- Child custody. The agreement must include provisions for child custody, in line with their best interests. Parents must agree on shared, sole, or other custody arrangements.
- Alimony. One parent may be required to pay child support. Additionally, one spouse may need to pay alimony to the other, especially if there is an unequal division of assets or a financially disadvantaged situation.
- Inheritance rights. Divorce ends the inheritance rights between spouses unless otherwise stipulated in the divorce agreement.
Advantages of this procedure
Divorce by mutual agreement in Belgium offers several significant benefits. It provides a quick and simplified procedure, as it does not require lengthy judicial steps. This type of divorce is also less costly, with lower lawyer fees and court expenses.
Additionally, it helps reduce conflict between the spouses, as it is based on an amicable agreement, maintaining a more peaceful relationship, especially when children are involved.
Contact us for more information
Divorce by mutual agreement in Belgium is an ideal option for couples who agree on the terms of their separation. It provides a faster, less expensive, and less contentious solution compared to other types of divorce. By choosing divorce by mutual agreement, spouses opt for a more peaceful separation.
Contact us at the Arthur & Marin law firm at info@arthurmarin.com or +32 465 345 345 for assistance with a family law expert. We will ensure the process runs smoothly and your rights are fully respected.
