Nowadays, it is common for an individual or a company to require the recognition in Belgium of a judgment rendered abroad. Whether it concerns a divorce, a court ruling, a debt enforcement order, or an international arbitral award, the exequatur procedure in Belgium allows such decisions to have legal effect within the country.
This article explains in detail what exequatur is, how it works, and the steps to be followed to obtain the recognition and enforcement of foreign judgments in Belgium.
What is exequatur in Belgium?
Exequatur in Belgium is the judicial procedure through which Belgian courts recognize and grant enforceability to foreign judgments. In other words, it is the legal mechanism that allows a decision handed down by a judge in another country to be applied in Belgian territory as if it had been issued by a national court.
In practice, exequatur constitutes an essential tool in Belgian private international law, as it guarantees legal certainty in cross-border situations. For example, it makes it possible to:
- Recognize foreign marriages or divorces, together with their effects on a person’s civil status.
- Enforce judgments on custody and maintenance obligations, protecting the rights of minors in an international context.
- Claim debts and credits recognized in other States, facilitating enforcement in Belgium.
- Validate foreign arbitral awards, which are essential in international trade and investment.
It is important to distinguish between the recognition and the enforcement of foreign judgments in Belgium:
- Recognition means that the foreign decision is accepted as valid in Belgium, but not necessarily enforceable. A typical example would be the recognition of a divorce.
- Enforcement means that the judgment can be implemented through Belgian coercive measures (attachments, compulsory enforcement, registration in public records, etc.).
Thus, exequatur in Belgium functions as a legal bridge between judicial systems, preventing individuals and companies from having to initiate new proceedings on the same matter in Belgian territory.
Legal framework of exequatur in Belgium
The legal framework applicable to exequatur in Belgium combines national, European, and international regulations. This reflects the cross-border nature of the procedure and the need to harmonize recognition criteria. The main instruments governing the procedure are:
- Belgian domestic legislation: the Code of Private International Law of 16 July 2004, in Articles 22 et seq., sets out the general rules for the recognition and enforcement of foreign judgments in Belgium.
- European Union law: primarily Regulation (EU) No 1215/2012 (Brussels I bis), applicable to jurisdiction, recognition, and enforcement of judgments in civil and commercial matters within the EU.
- International treaties: such as the Hague Conventions and bilateral agreements concluded by Belgium with certain third States.
An essential element in the Belgian system is reciprocity: if Belgium recognizes judgments from a given country, there must be a legal framework or convention ensuring that such country also recognizes Belgian judgments. Our lawyers are specialists in International Law, European Union Law, and International Trade Law.
Belgian domestic legislation on exequatur
The Belgian Code of Private International Law regulates the exequatur procedure in detail. Among the most relevant requirements are:
- That the foreign judgment was rendered by a court having jurisdiction according to criteria accepted in Belgium.
- That the parties’ right of defence (adversarial principle) was respected.
- That the judgment is not contrary to Belgian public policy.
- That the judgment is final and enforceable in the State of origin.
The competent court in Belgium to hear an exequatur application is the Court of First Instance of the place where recognition or enforcement is sought.
Applicable european legislation
Within the European Union, the Brussels I bis Regulation (1215/2012) establishes a principle of automatic recognition of civil and commercial judgments among Member States. This means that, in many cases, it is no longer necessary to initiate an exequatur procedure in Belgium in order to enforce a decision from another EU Member State. It is sufficient to present a copy of the judgment together with a certificate issued by the court of origin.
The simplification introduced by this Regulation is crucial in sectors such as cross-border commercial disputes, debt recovery between European companies, and contractual and tort proceedings. By contrast, judgments from non-EU countries still require a formal exequatur procedure before Belgian courts.
Relevant international treaties
In addition to European legislation, Belgium is party to several international treaties on the recognition and enforcement of foreign judgments. The most significant is the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which seeks to establish a uniform global framework. Likewise, Belgium has entered into bilateral agreements with certain third countries, which simplifies the procedure and provides greater legal certainty for individuals and businesses operating across different jurisdictions.
Regulations, treaties, and codes on the enforcement of foreign judgments in Belgium
| Legal Basis for Enforcement | Countries of Application | Judicial Procedures Required | Specific Elements |
|---|---|---|---|
| Brussels I bis Regulation | EU Member States | None. Judgments are enforceable by law. | – |
| Lugano Convention II | EU / Iceland – Norway – Switzerland | Judgments are automatically recognized, but enforcement requires exequatur. | – |
| Hague Convention on Choice of Court Agreements | EU / Mexico – Montenegro – Singapore – United Kingdom | Judgments are automatically recognized, but enforcement requires exequatur. | Limited to judgments based on choice of court agreements. |
| Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters | EU / Ukraine | Judgments are automatically recognized, but enforcement requires exequatur. | In force since 1 September 2023. |
| 1934 Bilateral Treaty on the Mutual Enforcement of Judgments between Belgium and the United Kingdom | Belgium / United Kingdom | Judgments are automatically recognized, but enforcement requires exequatur. | After Brexit, this bilateral treaty came back into force. |
| Belgian Code of Private International Law | Belgium / rest of the world | Judgments are automatically recognized, but enforcement requires exequatur. | Foreign judgments cannot be reviewed on the merits. Enforcement may be refused on limited grounds: public policy, rights of defence, incompatibility with another judgment or pending proceedings, circumvention of applicable law, or exclusive jurisdiction. |
Which judgments require exequatur in Belgium?
The general rule under Belgian Private International Law is that a foreign judgment does not automatically produce legal effects in Belgium, unless there is an international instrument providing for automatic recognition. In the absence of such a framework, it will be necessary to resort to the exequatur procedure in Belgium for the decision to be recognized and enforced on Belgian territory.
Within the European Union, thanks to Regulation (EU) No 1215/2012 (Brussels I bis), judgments rendered in civil and commercial matters in a Member State are recognized in the others without the need for a special procedure. This means they do not require exequatur, except in exceptional cases of challenge. When dealing with judgments from third countries (outside the EU), or with matters excluded from the scope of European Regulations, exequatur in Belgium will be mandatory.
Foreign judgments requiring Exequatur in Belgium
In practical terms, it will be necessary to initiate an exequatur procedure in Belgium in the following situations:
- Civil and commercial judgments from non-EU countries. Example: a judgment issued by a court in the United States, China, or Morocco ordering payment of a debt or resolving a contractual dispute.
- Decisions concerning civil status and family law from third States:
- Divorces and separations: although intra-EU divorces benefit from automatic recognition, a divorce granted in a non-EU country (for example, Argentina or Turkey) will require exequatur in Belgium.
- Custody and visitation: decisions concerning parental authority, child custody, or visitation rights rendered outside the EU require homologation through exequatur.
- International adoptions: although certain Hague Conventions apply, in many cases judicial validation in Belgium will still be required.
- Foreign criminal judgments with civil effects: Although Belgium does not directly recognize the enforcement of foreign criminal sanctions, it is possible to seek exequatur for the civil compensation component of a criminal judgment (for example, damages awarded by a Canadian court).
- International arbitral awards: Although not strictly “judicial judgments,” arbitral awards require a recognition procedure in Belgium in order to be enforceable, pursuant to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Practical importance
The requirement of exequatur in Belgium directly affects numerous aspects of personal and business life:
- An entrepreneur seeking to enforce a debt recovery judgment issued in a non-EU country.
- A person divorced abroad wishing to register the dissolution of their marriage in Belgium.
- Parents needing to give effect to an international custody decision.
- Companies or investors seeking to enforce a foreign arbitral award.
In all these cases, exequatur in Belgium is the procedure that grants the foreign judgment the same enforceability as a decision handed down by Belgian courts.
Step-by-step exequatur procedure in Belgium
Below we explain in detail how to enforce a foreign judgment in Belgium step by step, with practical indications to help you understand each phase of the process.
1. Filing the exequatur application in Belgium
The procedure begins with the filing of an exequatur application before the competent Court of First Instance. The application may be filed either at the defendant’s domicile or at the place where enforcement of the judgment is sought. To this end, the applicant must provide:
- An authenticated copy of the foreign judgment.
- A certificate of finality and enforceability issued by the authority of the State of origin.
- A sworn translation of the judgment into French, Dutch, or German, depending on the official language of the Belgian jurisdiction.
Proper preparation of the documentation is essential, since any error may delay the granting of recognition.
2. Legality review by the Belgian judge
The Belgian court does not review the merits of the foreign judgment but conducts a formal review. In order to grant exequatur, the judge must verify that:
- The foreign court had jurisdiction to hear the case.
- The right of defence of the parties was respected in the State of origin.
- The judgment does not infringe Belgian public policy or the fundamental principles of law.
- The requirements of international reciprocity are fulfilled, unless replaced by a relevant convention.
3. Required documentation
To initiate the exequatur procedure in Belgium, complete and duly legalized documentation must be submitted:
- An authenticated copy of the foreign judgment.
- A certificate of finality, confirming that the decision is final and enforceable in the State of origin.
- A sworn translation of the judgment into French, Dutch, or German, depending on the official language of the Belgian jurisdiction.
- Legalization or Hague Apostille, depending on the country of origin, confirming the authenticity of the document.
4. Exequatur decision in Belgium
If the requirements are met, the judge issues an exequatur decision, which makes the foreign judgment enforceable within the Belgian legal system. This decision may be appealed by the opposing party, thereby prolonging the procedure. In the meantime, recognition grants the judgment the same legal effect as if it had been rendered in Belgium.
5. Duration and approximate costs
The average length of an exequatur procedure in Belgium varies depending on the complexity of the case, but in general terms:
- Simple proceedings: 3 to 6 months.
- Proceedings with opposition or legal complexity: up to 12 months or more.
As regards court fees, these depend on the type of procedure and the competent court.
6. Practical enforcement of the foreign judgment
Once exequatur has been granted, the interested party may request forced enforcement of the judgment through a huissier de justice (judicial officer). The most common measures include seizure of assets or bank accounts, recovery of outstanding payments, and registration of the judgment in official registers (for example, in cases of divorce or custody). In this way, the effective enforcement of the foreign judgment in Belgium is materialized.
Requirements for the recognition of foreign judgments in Belgium
For a foreign judgment to be recognized and enforced in Belgium, it must meet certain strict legal requirements, known as exequatur conditions. These requirements guarantee the validity of foreign judgments in Belgium and ensure that the decision is compatible with the Belgian legal order. Below are the formal and substantive requirements that every foreign judgment must satisfy in order to obtain recognition in Belgium.
Formal requirements
The formal requirements ensure that the foreign judgment is valid from a documentary and administrative standpoint:
- Authenticity of the decision: The judgment must be submitted in an authentic copy, issued or certified by the competent judicial authority of the State of origin. This allows the Belgian court to verify that the decision is genuine and has not been altered.
- Sworn translation: The judgment must be translated into French, Dutch, or German, depending on the official language of the competent Belgian court. The translation must be carried out by a certified sworn translator, guaranteeing accuracy and fidelity to the original content.
- Apostille or legalization: Depending on the State of origin, the judgment must either be legalized or bear the Hague Apostille, pursuant to the 1961 Convention. This requirement confirms the authenticity of the documents and permits their official use in Belgium.
🔑 Compliance with these formal requirements is essential for the foreign judgment to commence its recognition without administrative obstacles.
Substantive requirements
The substantive requirements verify that the foreign judgment respects the fundamental principles of Belgian law and does not create legal conflicts:
- International jurisdiction of the court of origin: The judicial authority that rendered the judgment must have had jurisdiction according to international rules and applicable conventions. This ensures that the decision originates from a legally valid and recognized court.
- Respect for the right of defence: During the proceedings in the State of origin, the procedural rights of all parties must have been respected, including notification and the opportunity to present arguments.
- Absence of conflict with Belgian public policy: The judgment must not contradict the fundamental principles of Belgian law (ordre public), for example, rules concerning human rights or fundamental freedoms.
- Compatibility with decisions already rendered in Belgium: Judgments that conflict with existing Belgian judicial decisions on the same matter or between the same parties will not be recognized.
💡 Verification of the substantive requirements ensures that the foreign judgment has full validity in Belgium and can be effectively enforced through the exequatur procedure.
Practical recommendations to ensure the recognition and enforcement of a foreign judgment
In addition to meeting the formal and substantive requirements, it is advisable to:
- Verify the legislation of the State of origin to ensure that the judgment is final and enforceable.
- Check the applicable international conventions, such as the Brussels I bis Regulation in European cases, which may simplify or even eliminate the need for exequatur.
- Gather all documentation in its official form and with a sworn translation in order to avoid refusals.
- Seek advice from a lawyer specialized in private international law and in the exequatur procedure in Belgium.
💡 This not only speeds up the procedure but also reduces the risk of refusal due to formal errors or jurisdictional conflicts.
Case studies on successful recognition in Belgium
To better understand the usefulness of the exequatur procedure in Belgium, it is helpful to illustrate it with practical cases. Below are some successful examples handled by the firm:
Recognition of a divorce judgment
A citizen residing in Brussels obtained a divorce judgment abroad, which included measures regarding child custody and the liquidation of the matrimonial property regime. Upon moving to Belgium, she needed the judgment to produce effects in order to register the dissolution of the marriage in the Belgian civil registry and to enforce the financial measures. Thanks to the exequatur procedure, the judgment was recognized without opposition, allowing her to access her financial rights and regularize her civil status in Belgium.
Enforcement in Belgium of a payment order issued in France
A French transport company obtained a judgment in Lyon ordering a Belgian company to pay a contractual debt. In order to seize bank accounts and assets of the company in Belgium, it was necessary to seek recognition of the judgment. Recognition was granted, allowing compulsory enforcement in Belgium and ensuring that the creditor company recovered the debt.
Recognition of an international adoption
A Belgian couple completed a full adoption of a child in Colombia. For the child to benefit from all rights in Belgium (civil registration, access to social benefits, acquisition of Belgian nationality), exequatur of the Colombian adoption judgment was required. After verifying compliance with Belgian public policy and the best interests of the child, the Brussels court granted recognition. This allowed the child’s full legal and social integration in his new country of residence.
Enforcement of a swiss arbitral award in commercial matters
A Belgian technology company had entered into a contract with a Swiss company containing an arbitration clause. Following contractual breaches, the arbitral tribunal in Geneva ordered the Belgian company to pay damages. For the arbitral award to be enforced in Belgium, an exequatur procedure was required pursuant to the 1958 New York Convention. The Belgian court granted recognition, enabling the Swiss party to commence enforcement in Belgian territory.
Recognition in Belgium of an Italian judgment on child support
An Italian citizen residing in Antwerp obtained a judgment in Milan establishing a child support obligation in favor of his children. Since the obligated parent was living in Belgium and failing to make payments, recognition of the Italian decision was necessary. Once granted, the judgment was enforced in Belgium through wage garnishment, thereby guaranteeing the children’s right to receive maintenance.
Common issues in the exequatur procedure in Belgium
Although the procedure is clearly regulated, it is not always straightforward. There are obstacles in the exequatur process that may lead to a refusal to recognize a foreign judgment in Belgium. Being aware of these difficulties is essential to anticipate them and increase the chances of success.
Most common reasons for refusal
- Conflict with Belgian public policy: If the foreign judgment violates fundamental principles of the Belgian legal system, the courts may refuse recognition. This occurs, for example, in cases of decisions contrary to the equality of the parties, the rights of minors, or essential social protection rules.
- Lack of jurisdiction of the foreign court: If the court that rendered the judgment did not have international jurisdiction according to the criteria recognized by Belgium, the exequatur will be denied. This frequently occurs in disputes where the connection with the country that issued the decision is very weak or nonexistent.
- Judgments that are not final or subject to appeal: In Belgium, for an exequatur to succeed, the foreign judgment must be final and enforceable in the State of origin. If the judgment is still subject to appeal, the procedure may be suspended or directly refused.
Preguntas frecuentes (FAQ) sobre el exequátur en Bélgica
What is the difference between recognition and enforcement of a judgment in Belgium?
Recognition means that the foreign judgment is valid in Belgium and produces legal effects. Enforcement, on the other hand, means that it can be applied forcibly, for example through the seizure of assets or bank accounts.
Is recognition automatic for judgments within the EU?
Yes. Thanks to the Brussels I bis Regulation, civil and commercial judgments issued in an EU Member State are automatically recognized in Belgium, without the need for the classical exequatur procedure.
Is a sworn translation always required?
In most cases, yes. If the judgment is not written in French, Dutch, or German (the official languages of Belgium), a sworn translation is required to ensure an exact understanding of the content.
What happens if the foreign judgment contradicts a Belgian decision?
In such cases, Belgian courts usually give precedence to the judgment issued in Belgium, especially if it affects public policy or fundamental rights. Recognition of the foreign judgment may be denied.
Can foreign child custody decisions be recognized?
Yes, but with a particular consideration: the Belgian court will always assess the best interests of the child. If the foreign resolution violates this principle, the exequatur will be refused.
How long does an exequatur procedure take in Belgium?
The duration depends on the court’s workload and the documentation submitted. On average, it can take between 3 and 9 months.
Which judgments require exequatur in Belgium?
All judgments issued in countries outside the European Union, such as the United States, the United Kingdom post-Brexit, or Latin American countries. It also applies to international arbitration awards.
Can an exequatur be refused in Belgium?
Yes. The most common reasons are: conflict with Belgian public policy, lack of international jurisdiction of the foreign court, and judgments that are not final or are pending appeal.
What happens to UK judgments after Brexit?
They no longer benefit from the automatic recognition provided by Brussels I bis. Since 2021, UK judgments must go through an exequatur procedure in Belgium.
Can arbitral awards be recognized in Belgium?
Yes. Belgium applies the 1958 New York Convention, which allows the recognition and enforcement of international arbitral awards, provided they do not violate Belgian public policy.
The importance of Exequatur in Belgium for companies and individuals
The importance of exequatur in Belgium lies in its role as a mechanism to ensure that foreign judgments are fully valid in the country. Its practical usefulness is indisputable, both for companies that need to enforce commercial judgments or arbitral awards, and for individuals seeking recognition of decisions in matters of family law, custody, or child support. Our lawyers specialize in Civil Law and Corporate Law.
In short, exequatur provides legal certainty and international confidence, allowing judgments issued outside Belgium to have real effects within Belgian territory.
Do you need a foreign judgment to be valid in Belgium?
At Arthur & Marin, our lawyers specializing in exequatur provide advice and represent you before Belgian courts with efficiency and legal certainty.
Contact us today at info@arthurmarin.com or +32 465 345 345, and protect your rights immediately.
