A person may apply for divorce in Belgium when one of the connecting factors provided for under European rules is met or, where those rules do not apply, under Belgian private international law. The spouses’ habitual residence is usually the main connecting factor. However, jurisdiction over children generally depends on the child’s habitual residence, while assets and maintenance obligations are governed by separate rules. In this article, we examine the main issues that must be considered in an international divorce.
When is a divorce considered international in Belgium?
A divorce is considered international when the marriage is connected with more than one country. This may be because of the spouses’ nationalities, the countries in which they live, the country where they married, the residence of their children or the existence of assets located in different States. The presence of these international elements makes it necessary to determine which courts may hear the case and which law applies to each issue. Where the situation has no international element, you may consult our general guide on divorce proceedings in Belgium, including the available procedures, requirements and time limits.
Spouses of different nationalities
A divorce has an international element when the spouses have different nationalities. This would be the case, for example, of a Portuguese citizen married to a French citizen who both live in Brussels. The spouses’ nationality may be relevant, but it does not by itself determine the country in which the divorce must be handled. The spouses may also live in different countries. For example, a Belgian citizen may continue living in Belgium while his Spanish wife returns to Spain after the separation. In that situation, it will be necessary to determine which courts have jurisdiction. The existence of minor children may also affect the analysis, particularly when they live in a different country from one of their parents.
Marriage celebrated abroad
A divorce also has an international character when the marriage was celebrated outside Belgium. This may involve a couple who married in Spain and later moved to Brussels, a married American couple living in Belgium, or spouses who married in France or Morocco and subsequently established their family life in Belgium. However, the country in which the marriage was celebrated does not automatically determine where the divorce must take place. Therefore, getting married in Spain, France, the United States or Morocco does not necessarily mean that the divorce must be filed in that same country.
💡 For example, a married American couple who live permanently in Brussels may, in certain circumstances, divorce in Belgium, even though the marriage was celebrated in the United States and both spouses remain American citizens.
Children living in Belgium or in another country
The existence of minor children may add another international dimension to the divorce, particularly when they live in a different country from one of their parents or when the family has lived in several countries over time.
💡 For example, the divorce may be handled in Belgium while the children habitually live in France. Another possibility is that one parent lives in France while the other lives in Belgium, where the children attend school.
In these situations, it is essential to distinguish between the court with jurisdiction to grant the divorce and the court with jurisdiction to decide matters concerning the children. These will not always be the same court.
Homes, bank accounts or companies located outside Belgium
A divorce is also international when the spouses’ assets are located in several countries.
💡 For example, a couple may live in Belgium while owning a family home in Brussels, an apartment in Italy and a second residence in France. They may also hold bank accounts in different countries, shares in foreign companies, international pension plans, investments or digital assets.
It is therefore important to identify all assets and debts belonging to the spouses, regardless of the country in which they are located. It will also be necessary to determine which law governs the matrimonial property regime and which formalities must be followed to transfer, sell or divide assets located abroad.
Spouses working for european institutions or international organisations
In Brussels, it is common for one or both spouses to work for an institution of the European Union, an international organisation, an embassy, NATO or a multinational company. These situations may raise specific issues relating to salaries, expatriation allowances, family allowances, European or international pensions, medical insurance and certain tax or employment-related benefits. Ultimately, a divorce may be handled in Belgium even when the spouses have different nationalities, married in another country, own assets abroad or work for international institutions.
International Divorce in Belgium in figures
Belgium’s international population is also reflected in its divorce statistics, particularly in Brussels. In 2024, 19,883 divorces were recorded in Belgium. According to data on the spouses’ nationalities, approximately 4,639 of these divorces involved at least one foreign national. This represents around 23.3% of the total. In other words, almost one in four divorces had an international element linked to the nationality of the spouses. See the source.
The proportion is significantly higher in the Brussels-Capital Region. Of the 2,019 divorces recorded in 2024, approximately 959 involved at least one spouse of a known foreign nationality, representing around 47.5%. This means that, in Brussels, almost one in two divorces has an international dimension based on nationality. See the source.
These figures should be considered in the wider demographic context of the European capital. According to census data, around 46% of the residents of the Brussels-Capital Region were born abroad, while more than one in three did not have Belgian nationality. The international population is even more significant in municipalities such as Ixelles, Etterbeek and Saint-Gilles.
Another relevant figure is that 10,639 divorces, representing 53.5% of the total, involved children under the age of eighteen who were living in the household. In international families, the existence of minor children requires a separate assessment of which court has jurisdiction to decide on their residence, parental responsibility and contact arrangements. The figures show that a significant proportion of divorces handled or registered in Belgium involve connections with other nationalities and countries. International divorce is therefore not an exceptional situation in Belgium. It is a frequent reality that requires careful consideration of court jurisdiction, the applicable law, the children’s place of residence and the location of the family’s assets before proceedings are started.
What should be considered before filing an international Divorce application?
Before filing an international divorce application, it is necessary to determine which court will decide matters concerning the children, which authority may set maintenance payments and which law will apply to the division of the spouses’ assets. Each issue must be examined separately. The court with jurisdiction to grant the divorce is not necessarily the same court that will decide matters concerning the children or the family property. Likewise, a Belgian court may have jurisdiction to handle the proceedings but may be required to apply the law of another country to certain issues.
Which country can grant the Divorce?
The first question is which countries may have jurisdiction to handle the divorce. Within the European Union, this is mainly determined by the Brussels IIb Regulation. The answer depends primarily on the spouses’ habitual residence. Belgian courts may have jurisdiction, for example, when both spouses habitually live in Belgium, when Belgium was their last common habitual residence and one of them still lives here, or when the spouse against whom the application is filed habitually resides in Belgium. In certain cases, a spouse may also file for divorce in Belgium after living here for at least one year. This period may be reduced to six months when the applicant is a Belgian national.
💡 Two countries may sometimes have jurisdiction at the same time. In that situation, the court first seised will generally deal with the case, preventing two parallel divorce proceedings from continuing within the European Union.
Which law will the court apply to the Divorce?
Determining which country can handle the divorce does not automatically answer the question of which law will apply. A Belgian court does not necessarily apply Belgian law. In an international divorce, it may be required to apply Spanish, French, Italian or even the law of a country outside the European Union.
The law applicable to divorce is determined under the Rome III Regulation. Under certain conditions, the spouses may agree to apply the law of their habitual residence, their last common habitual residence, the nationality of either spouse or the law of the court dealing with the proceedings. Where there is no valid choice of law, Rome III establishes an order of connecting factors. Priority is first given to the spouses’ common habitual residence when the application is filed. If they no longer share a habitual residence, their last common habitual residence, their common nationality or, ultimately, the law of the court hearing the case may become relevant.
💡 For example, a Belgian court may have jurisdiction over the divorce of two Spanish nationals living in Brussels and apply Belgian law if they have not made a valid choice of law and their common habitual residence is in Belgium. The court could instead apply Spanish law if the spouses validly chose it on the basis of their Spanish nationality.
Rome III only governs the dissolution of the marriage or legal separation. It does not determine the law applicable to child custody, maintenance obligations or the division of assets, which are governed by different rules.
Which court will decide matters concerning the Children?
Within the European Union, parental responsibility, the residence of children and contact arrangements are governed by the Brussels IIb Regulation. As a general rule, the courts of the country in which the child has their habitual residence when the proceedings begin will have jurisdiction. A child’s habitual residence does not depend solely on administrative registration. It is necessary to identify the country in which the child is genuinely integrated, taking into account factors such as their home, schooling, family life and overall stability.
💡 For example, if the divorce is handled in Belgium but the children live and attend school on a stable basis in Spain, the Spanish courts will normally have jurisdiction to decide matters concerning them. By contrast, if the children habitually live in Brussels, the Belgian courts will generally decide on their residence, parental responsibility and contact arrangements with each parent.
Where the situation involves a country that is not subject to Brussels IIb, the 1996 Hague Convention on the protection of children may apply. This Convention also uses the child’s habitual residence as its main connecting factor and regulates jurisdiction, applicable law and the recognition of protective measures.
Which court will decide maintenance payments?
Maintenance obligations are governed by their own rules. Jurisdiction is determined mainly under EU Regulation 4/2009. Depending on the circumstances, jurisdiction may lie with the courts of the debtor’s habitual residence, the courts of the habitual residence of the person claiming maintenance, or the court already dealing with the divorce or parental responsibility where the maintenance claim is connected with those proceedings. The applicable law is normally determined under the 2007 Hague Protocol. As a general rule, the law of the country in which the person entitled to maintenance habitually resides will apply. However, special rules and exceptions exist, particularly for obligations between parents and children and between spouses or former spouses.
Which law and authority will deal with the division of assets?
In the participating EU Member States, Regulation 2016/1103 governs jurisdiction, applicable law and the recognition of decisions concerning matrimonial property regimes. In certain cases, the courts of the country dealing with the divorce may also have jurisdiction over the liquidation of the matrimonial property regime. It is also necessary to determine which law governs the spouses’ property. The law designated under the Regulation may, in principle, apply to the entire matrimonial estate, even where the assets are located in several countries. However, the sale, registration or enforcement of rights over real estate must also comply with certain rules of the country in which the property is located.
💡 For example, a couple living in Belgium may own a house in Brussels, an apartment in Spain and bank accounts in France. A single law may govern the liquidation of their matrimonial property regime, but additional steps may still be required before notaries, land registries or other authorities in the countries where the assets are located.
Particular attention must be paid to the date of the marriage. The rules on applicable law under Regulation 2016/1103 apply, in principle, to spouses who married or chose the law governing their matrimonial property regime on or after 29 January 2019.
Summary of the applicable rules
| Matter | Main Rule for Determining Jurisdiction | Main Rule on Applicable Law |
|---|---|---|
| Divorce and legal separation | Regulation (EU) 2019/1111, known as Brussels IIb | Regulation (EU) 1259/2010, known as Rome III |
| Parental responsibility | Brussels IIb Regulation or the 1996 Hague Convention | In principle, the competent authority applies its own law under the 1996 Hague Convention |
| Maintenance obligations | Regulation (EC) 4/2009 | 2007 Hague Protocol |
| Matrimonial property regime | Regulation (EU) 2016/1103 | The law chosen by the spouses or the law determined under the Regulation’s connecting factors |
| Recognition of decisions | The applicable EU Regulation or Belgian private international law | Depends on the subject matter, the country of origin and the applicable legal instrument |
When do Belgian courts have jurisdiction to grant a Divorce?
Belgian courts may grant an international divorce when the situation has a sufficient connection with Belgium. In most European cases, jurisdiction is determined under the Brussels IIb Regulation.
The Brussels IIb Regulation
The Brussels IIb Regulation establishes several criteria for determining which country may handle a divorce. These criteria are alternative, which means that it is sufficient for one of them to be met for the courts of that country to have jurisdiction. This also means that, in certain situations, the courts of two or more countries may have jurisdiction at the same time. In such cases, it is advisable to assess the situation before filing the divorce application.
Both spouses habitually reside in Belgium
Belgian courts have jurisdiction when both spouses are habitually resident in Belgium at the time the application is filed. What matters is not where they married or what nationality they have, but whether both spouses have established the ordinary centre of their lives in Belgium.
💡 For example, a Spanish citizen and a French citizen who live permanently in Brussels may divorce in Belgium, even though neither of them is Belgian and the marriage was celebrated in another country.
The spouses’ last common habitual residence was in Belgium
Belgium may also have jurisdiction when the spouses had their last common habitual residence here and one of them still lives in the country. If one spouse remains in Belgium and the other moves to Spain, France or another country, Belgian courts may continue to have jurisdiction to grant the divorce. However, it is not sufficient for the spouses to have lived in Belgium at some point in the past. Belgium must have been their last common habitual residence, and one of them must still reside here.
The respondent spouse habitually resides in Belgium
Belgian courts also have jurisdiction when the spouse against whom the divorce application is filed habitually resides in Belgium.
💡 For example, a person living in Luxembourg may file for divorce in Belgium against a spouse who habitually resides in Brussels.
This rule protects the respondent by allowing the proceedings to take place before the courts of the country in which they normally live.
Joint application when one spouse lives in Belgium
When both spouses apply for divorce jointly, Belgian courts may have jurisdiction if at least one of them is habitually resident in Belgium. A couple wishing to divorce by mutual agreement may therefore file the application in Belgium even if one spouse has already moved to another country, provided that the other spouse continues to habitually reside in Belgium. Where the spouses agree on matters concerning the children, maintenance and assets, a divorce by mutual agreement in Belgium may be considered, provided that the agreement properly regulates its effects in all the countries concerned.
Habitual residence of the spouse filing the application
A person may also file an individual divorce application in Belgium when they have been habitually resident in the country for at least one year immediately before filing the application. This period is reduced to six months when the applicant is a Belgian national. A Belgian citizen who returns to Belgium after separating may therefore, in principle, file for divorce here once they have been habitually resident in the country for the six months immediately before the application.
Common Belgian nationality of both spouses
Belgian courts also have jurisdiction when both spouses are Belgian nationals, even if they live in different countries. This rule requires both spouses to share Belgian nationality. The Belgian nationality of only one spouse is not, by itself, sufficient to give Belgian courts jurisdiction. Another jurisdictional ground must also exist, such as the respondent’s habitual residence in Belgium or the applicant having lived in Belgium for the required period.
What is meant by habitual residence?
Habitual residence is the most important connecting factor in many divorce cases. It is not necessarily the same as nationality, tax residence, administrative registration, the address stated in an employment contract or the country in which a person owns property. The relevant question is where the stable centre of the person’s life is actually located. This is assessed by considering all the circumstances together, including the duration and regularity of the person’s presence, their home, professional activity, family and social relationships, and their intention to establish the usual centre of their interests in that country.
Habitual residence must therefore be determined on the basis of the specific facts of each case. The Court of Justice of the European Union has linked habitual residence to two main elements: a sufficiently stable physical presence and an intention to establish the usual centre of one’s interests in that place. For divorce jurisdiction purposes, a person cannot have two habitual residences in two different countries at the same time.
Documents required for an international Divorce in Belgium
Before starting international divorce proceedings, it is important to gather the documents needed to determine which court has jurisdiction, which law applies and what the spouses’ family and financial circumstances are.
Personal and marriage documents
The spouses should provide their identity cards or passports, the marriage certificate and, where applicable, the marriage contract or prenuptial agreement. Residence certificates and household composition certificates may help establish where the spouses currently live and where they had their last common habitual residence.
Documents concerning the Children
Where there are minor children, their birth certificates and evidence showing where they are habitually resident will be required. School records, municipal registration, medical documents and any previous court decisions or parental agreements may be particularly relevant. Where the children attend one of the European Schools in Brussels, the parental agreement should clearly determine who is responsible for educational decisions and how school-related expenses will be shared.
Financial documents
To assess maintenance payments and the division of property, the spouses should gather tax returns, payslips, employment contracts, bank statements, property deeds, mortgage documents, investment records, company shareholdings and pension plans. Bonuses, stock options, expatriation allowances and other employment-related benefits should also be included. It is important to identify all assets, income and debts in every country concerned.
Foreign documents
Documents issued abroad may require an apostille or legalisation, as well as a sworn translation into French or Dutch. Where foreign judgments or official decisions are submitted, it may also be necessary to prove that they are authentic and final. These formalities should be checked before the application is filed in order to avoid delays in the proceedings.
Summary of documents required
| Category | Main Documents | Purpose |
|---|---|---|
| Personal and marriage documents | Identity cards or passports, marriage certificate, marriage contract or prenuptial agreement | To prove the spouses’ identity, marital status and matrimonial arrangements |
| Residence documents | Residence certificates and household composition certificates | To determine habitual residence and the competent court |
| Documents concerning children | Birth certificates, school records, municipal registration, medical records and previous parental agreements or court decisions | To establish the children’s habitual residence and family situation |
| Income documents | Tax returns, payslips, employment contracts, bonuses, stock options and expatriation allowances | To assess each spouse’s financial capacity and maintenance obligations |
| Assets and debts | Bank statements, property deeds, mortgages, investments, company shares and pension plans | To identify and value the matrimonial estate in all relevant countries |
| Foreign documents | Apostille or legalisation, sworn translation and proof that foreign judgments are final | To ensure that documents issued abroad can be used in Belgian proceedings |
Assets in different countries and liquidation of the matrimonial regime
When spouses own assets in several countries, it is necessary to determine which court may deal with the property, which matrimonial property regime applies and which steps must be taken in each country.
Divorce and the division of property
A divorce judgment ends the marriage, but it does not necessarily mean that the spouses’ assets are immediately divided. The liquidation of the matrimonial property regime requires the identification of all assets and debts, a determination of which assets are jointly owned and which belong exclusively to one spouse, a valuation of the estate and, finally, the division of the property. The marriage may therefore be dissolved while the liquidation of homes, bank accounts, investments or company shares is still ongoing. In Belgium, once the matrimonial property regime has been dissolved and until the assets are formally liquidated and divided, jointly owned property may remain in a state of co-ownership.
Which matrimonial property regime applies?
Before dividing the assets, it is necessary to determine which matrimonial property regime governs the financial relationship between the spouses. The first step is to check whether the spouses signed a marriage contract or prenuptial agreement and whether they expressly chose the law applicable to their matrimonial property regime. The date and country of the marriage, the spouses’ first common habitual residence after the marriage, their nationalities at that time and any later changes of residence must also be examined.
Homes and land located in another country
The fact that real estate is located in another country does not necessarily mean that the courts of that country must deal with the entire matrimonial property regime. The law applicable to the matrimonial property regime will normally determine whether the property belongs exclusively to one spouse or forms part of the common estate, even when it is located abroad. However, the transfer, sale, registration or allocation of the property must comply with the land registration rules and property law of the country in which it is located.
💡 For example, a Belgian decision may determine that a property located abroad must be allocated to one spouse. However, the relevant notarial, tax and land registration formalities will still need to be completed in that country.
EU Regulation 2016/1103 does not govern the rules relating to the registration of property rights in public registers or the legal effects of such registration. Any mortgages, charges, outstanding loans and possible rights of third parties must also be checked.
Bank accounts and investment portfolios
Bank accounts, deposits, shares, investment funds and other financial products must be included in the matrimonial inventory, even when they are located in another country or held solely in the name of one spouse. The person formally named as the account holder is not necessarily the sole owner from the perspective of the matrimonial property regime. It will be necessary to determine when and with which funds the account was opened, where the money came from and which law governs the financial relationship between the spouses. Where the account is held in another country, the Belgian decision may need to be recognised or enforced there if the bank does not release the funds voluntarily or if attachment or enforcement measures are required.
Companies, shares and property-holding structures
Shares or interests in a company may also form part of the assets to be divided, even when the company is incorporated in another country. A distinction must be made between ownership of the shares and management of the company. The law applicable to the matrimonial property regime may determine whether the economic value of the shares belongs to the common estate or to one spouse personally. However, voting rights, company management, restrictions on transfers and corporate procedures will normally be governed by the law of the country in which the company is incorporated and by its articles of association. The valuation should take into account the company’s financial position, assets, liabilities, profits, reserves and future prospects. In family-owned companies or property-holding structures, it may be necessary to appoint an independent accounting or financial expert.
Assets received by inheritance or gift
Assets received by inheritance or gift are often subject to specific rules and, under many matrimonial property regimes, remain the separate property of the spouse who received them. However, it should not automatically be assumed that every inherited or gifted asset is excluded from the liquidation. The applicable law, the marriage contract and the specific terms of the gift or will must be examined.
💡 It should also be checked whether the asset was sold, whether the proceeds were mixed with joint funds or whether the money was used to purchase the family home. In such situations, it may be necessary to determine whether there is a right to reimbursement or compensation between the common estate and the separate property of one spouse.
Where one spouse has received assets through an inheritance, the rules governing inheritance and succession in Belgium must also be taken into account, without confusing succession law with the liquidation of the matrimonial property regime.
Recognition of a Belgian divorce in other countries
A Belgian judgment may validly dissolve a marriage, but where one of the former spouses has another nationality, lives abroad or owns assets outside Belgium, it is also necessary to check how the divorce will be recognised in the other countries concerned. Recognition allows another country to treat the marriage as legally dissolved.
Recognition within the European Union
As a general rule, Belgian divorce judgments are recognised in the other EU Member States bound by the Brussels IIb Regulation, without the need to start new proceedings concerning the substance of the divorce.
💡 For example, a divorce granted in Belgium may be recognised in Spain, France, Italy or Germany without the courts of those countries reconsidering the reasons for the divorce. Denmark does not participate in this Regulation and applies its own recognition rules.
To prove the divorce, it is usually necessary to provide an authentic copy of the Belgian judgment and the European certificate relating to decisions in matrimonial matters, issued by the court of origin under Annex II to the Brussels IIb Regulation. A translation may also be required. Automatic recognition does not mean that civil status records are updated automatically. A foreign national who divorces in Belgium must normally request that the divorce be recorded in the civil status register of the relevant country.
The foreign authority may not reconsider whether the Belgian court decided the divorce correctly. Recognition may only be refused on exceptional grounds, such as a serious breach of the rights of defence, incompatibility with another judgment or a clear conflict with the public policy of the country in which recognition is requested.
Recognition in the United States, Latin America, Morocco or other non-EU Countries
Outside the European system, the recognition of a Belgian judgment depends on the law of the country in which the divorce must produce legal effects and on any applicable international conventions. In the United States, Morocco, the United Kingdom or Latin American countries, an administrative step or a specific court procedure may be required. This is often referred to as exequatur, homologation or recognition of a foreign judgment. The relevant authority may verify that the judgment is final, that the Belgian court had a sufficient connection with the marriage, that the other spouse was properly informed of the proceedings and that the outcome does not conflict with the country’s public policy. It will usually be necessary to provide a certified copy of the judgment, proof that it is final, an apostille or legalisation and a sworn translation. The exact requirements vary considerably from one country to another.
Recognition in Belgium of a foreign Divorce
A divorce granted abroad may be recognised in Belgium without the need to obtain a new Belgian judgment concerning the substance of the case. Recognition allows the Belgian authorities to treat the marriage as dissolved in accordance with the foreign decision. Where the judgment comes from an EU Member State bound by the Brussels IIb Regulation, the European recognition rules apply. Where it comes from a non-EU country, the Belgian Code of Private International Law will mainly apply. The Belgian authority will examine, among other matters, whether the judgment is authentic and enforceable or final in the country of origin, whether the rights of defence were respected, whether the judgment was obtained without fraud and whether it is compatible with Belgian public policy and with any other judgment already recognised. The authority’s review is limited to determining whether the legal requirements for recognition have been met.
Registration of the Divorce in the civil status records
Legal recognition and the updating of civil status records are two separate steps. Even where the judgment is eligible for recognition, it must still be submitted to the competent administrative authority so that the person’s civil status is correctly updated. Failure to register the divorce may result in a person being recorded as divorced in Belgium while still appearing as married in another country. This may create difficulties when entering into a new marriage, dealing with an inheritance, renewing official documents or selling property.
Tax, employment and social consequences for expatriates
Divorce may affect tax residence, tax returns, family benefits and certain employment-related advantages. For expatriates, these consequences must be assessed by taking into account both their situation in Belgium and any obligations they may have in other countries.
Change of tax residence
Divorce does not automatically change a person’s tax residence. However, separation often means that one spouse leaves Belgium or moves their main home to another country. Tax residence will depend on where the person actually maintains their home and the centre of their personal and economic interests. A person who remains a Belgian tax resident must, in principle, declare their worldwide income, including salaries, pensions, investments and property located abroad.
Separate tax returns
Following a factual separation or divorce, the spouses may move from filing a joint tax return to filing separate tax returns. The exact timing will depend on the date of the separation or divorce and the relevant tax year. It will also be necessary to determine which parent declares the children as dependants and how maintenance payments received or paid must be reported. Separation may change the family’s tax advantages and result in a different tax assessment from previous years.
Family home located in Belgium or abroad
The temporary allocation of the family home to one former spouse does not, by itself, change ownership of the property or release either spouse from a mortgage that they signed jointly. Where the property is located in another country, its tax declaration, local taxes and the consequences of a possible sale or transfer must also be examined. A Belgian tax resident must declare real estate owned abroad, although the applicable double taxation treaty may limit the amount effectively taxed in Belgium.
Family benefits
Separation may change which parent receives family benefits and which parent is officially registered as the beneficiary in relation to the children. Any change of address, the children’s living arrangements and the professional activity of both parents should therefore be reported to the relevant authorities.
Social security and medical insurance
A spouse who was covered as a dependant under the other spouse’s health insurance may need to obtain their own coverage after the divorce. It will also be necessary to determine which parent keeps the children registered under the medical insurance scheme. Where one parent works abroad or moves to another country, coverage will depend on the applicable EU social security coordination rules or the relevant bilateral social security agreement. The European Health Insurance Card provides access to healthcare during temporary stays, but it does not replace full medical insurance in the country of residence.
Belgian and foreign pensions
Divorce does not remove the pension rights that each spouse has built up through their own contributions in Belgium or in another country. However, any rights arising from the marriage, occupational pension schemes and supplementary pension plans should be reviewed. Where a person has worked in several countries, each country may pay the part of the pension corresponding to the contribution periods completed there, in accordance with its own rules and the applicable European or international coordination mechanisms. Foreign pensions must also be taken into account when assessing the spouses’ financial resources. Where the beneficiary is a Belgian tax resident, these pensions may also have to be declared in Belgium.
Officials and other servants of the European Union
For officials and other servants of the European Union, divorce may affect household allowances, child benefits, school-related expenses and certain rights linked to medical insurance. It will be necessary to determine which parent actually supports the child, who is entitled to receive the allowances and whether similar national benefits must be deducted. The judgment or agreement should therefore clearly regulate the children’s residence, school expenses and the financial obligations of each parent. The effects of divorce on allowances, medical coverage and certain statutory rights may require specific legal advice for officials and other servants of the European Union.
Common mistakes in an international Divorce
An international divorce requires several issues to be coordinated: the court with jurisdiction, the applicable law, the situation of the children, maintenance obligations and the division of assets. Mistakes made at the beginning of the case may limit the options available later or lead to parallel proceedings in several countries.
Assuming that divorce is only possible in the country of nationality
Nationality is not the only factor used to determine where a divorce application may be filed. Within the European Union, jurisdiction mainly depends on the spouses’ habitual residence, their last common habitual residence, the respondent’s habitual residence or, in certain circumstances, the applicant’s habitual residence. For example, a Spanish couple habitually living in Brussels may divorce in Belgium. Similarly, spouses of different nationalities may bring proceedings before the Belgian courts if their habitual residence is in Belgium.
💡 Example: Two Spanish citizens have lived in Brussels for five years. Although they are both Spanish nationals and married in Madrid, they may apply for divorce in Belgium because their habitual residence is there.
Assuming that the divorce court will automatically decide matters concerning the children
The court with jurisdiction to grant the divorce does not always have jurisdiction to decide on the children’s residence, parental responsibility or contact arrangements. As a general rule, these matters fall within the jurisdiction of the courts of the country in which the child is habitually resident. The divorce may therefore be handled in Belgium while matters concerning the children are decided in Spain, France or another country.
💡 Example: The father files for divorce in Belgium because he lives in Brussels, but the children live with their mother and attend school on a stable basis in Valencia. The Belgian court may grant the divorce, while the Spanish courts will normally have jurisdiction to decide matters concerning the children.
Moving the children to another country without consent
Where both parents exercise parental responsibility, one parent should not unilaterally move the children’s habitual residence to another country. A wrongful removal or retention may result in urgent return proceedings under the 1980 Hague Convention. These proceedings do not make a final decision on custody. Their purpose is to restore the previous situation so that the courts with jurisdiction can decide matters concerning the child. The correct approach is to obtain the other parent’s written consent in advance or, where there is disagreement, to request authorisation from the court.
💡 Example: After the separation, a mother travels from Belgium to Italy with the children for a holiday and decides to remain there permanently without the father’s consent. The father may apply for the children’s return to Belgium through international child abduction proceedings.
Signing an agreement that cannot be enforced in another country
An agreement may be valid between the spouses but still be difficult to recognise or enforce abroad. This may happen when the applicable law has not been respected, when the agreement has not been properly approved or formally recorded, or when it includes provisions concerning children, maintenance or real estate that require additional procedures. Before signing an agreement, it is important to determine where it will need to produce legal effects and which legal form will make it enforceable. Recognition of the divorce, enforcement of a maintenance obligation and transfer of a property located abroad are subject to different rules.
💡 Example: The spouses sign a private agreement in Belgium under which the husband agrees to transfer a property in Portugal to the wife. However, they do not formalise the transaction before a notary or register the transfer with the Portuguese land registry. The wife does not automatically become the legal owner of the property merely because the private agreement was signed.
Failing to examine the marriage contract and the law governing the matrimonial property regime
A marriage contract or prenuptial agreement may contain a choice of law, establish a separation-of-property regime or modify the spouses’ matrimonial property arrangements. Ignoring it may lead to an incorrect assessment of the matrimonial estate. Where there is no express choice of law, relevant factors may include the date of the marriage, the spouses’ first common habitual residence and their common nationality at the time of the marriage. Furthermore, subsequently moving to Belgium does not necessarily mean that the matrimonial property regime becomes governed by Belgian law.
💡 Example: A couple marries in Greece under a community property regime and establishes their first common residence there. Several years later, they move to Brussels. At the time of the divorce, it cannot simply be assumed that a Belgian separation-of-property regime applies. The law governing their matrimonial property regime must first be determined.
Failing to disclose or consider foreign assets, pensions or companies
The liquidation must be based on a complete inventory of all assets located both inside and outside Belgium. This includes homes, bank accounts, investments, company shares, pension plans, stock options and debts in other countries. The fact that an asset is registered solely in the name of one spouse does not necessarily mean that it is excluded from the liquidation. Its treatment will depend on the matrimonial property regime, the source of the funds and the nature of the asset. A distinction must also be made between economic ownership and the formalities required to sell, transfer or register the asset in the country in which it is located.
💡 Example: The husband discloses only the family home in Brussels, but he also owns shares in a Spanish company, a bank account in Luxembourg and a pension plan in France. All these assets must be identified and examined to determine whether they form part of the matrimonial estate.
Starting negotiations without assessing the risk of parallel proceedings
Where several countries may have jurisdiction over the divorce, beginning negotiations without first analysing jurisdiction can be risky. The other spouse may file a divorce application in another country while negotiations are still ongoing. Where proceedings involving the same parties are started in two EU Member States, the court seised second will normally have to wait until the court seised first has determined whether it has jurisdiction. Before communicating a legal strategy or entering into lengthy negotiations, it is therefore important to establish which countries may have jurisdiction and what the consequences would be of filing first in each of them.
Failing to register the judgment in foreign civil status records
A Belgian judgment may be automatically recognised in another EU Member State, but it may still be necessary to request an update of the foreign civil status register. Without this step, a person may be recorded as divorced in Belgium while continuing to appear as married in the country of their nationality. This may create difficulties when remarrying, dealing with an inheritance or proving their correct civil status. Registration of a foreign divorce judgment generally requires the final judgment and the supporting documents requested by the relevant civil registry.
💡 Example: A Moroccan citizen obtains a divorce in Brussels but does not request its registration in the Moroccan civil status register. Several years later, when she wishes to remarry in Spain, she is still officially recorded as married and must first regularise her civil status.
Practical examples of international Divorce in Belgium
Below, we explain several real-life situations successfully handled by our firm. These examples show how jurisdiction and applicable law may be divided between different countries in an international divorce.
Spanish-french couple married in Italy and living in Brussels
Consider a Spanish citizen and a French citizen who married in Italy but have lived and worked in Brussels for several years. They have two children who attend school in Belgium, own their family home in Brussels and also have an apartment in Milan. Belgian courts will normally have jurisdiction to grant the divorce because both spouses are habitually resident in Belgium. The fact that they married in Italy and neither spouse is Belgian does not require them to divorce in Italy or France. Their common habitual residence in Brussels provides a sufficient connection with Belgium under the Brussels IIb Regulation. If the spouses did not previously choose the law applicable to their divorce and remain habitually resident in Belgium when the application is filed, Belgian law will normally apply to the divorce.
However, the Rome III Regulation allows the spouses, under certain conditions, to choose the law of either spouse’s nationality. They could therefore agree to apply Spanish or French law. As the children live and attend school in Brussels, the Belgian courts will also, in principle, have jurisdiction to decide on parental responsibility, the children’s residence and contact arrangements. The apartment in Milan must be included in the liquidation of the matrimonial property regime, but its treatment will depend on the applicable matrimonial property law. Even where a single law governs the entire matrimonial estate, the transfer or sale of the apartment must comply with Italian notarial, tax and land registration requirements.
One spouse living in Belgium and the other having returned to Spain
Consider a Spanish married couple who previously lived together in Brussels. Following the separation, one spouse remains in Belgium while the other returns to Spain. Belgium may continue to have jurisdiction if it was the spouses’ last common habitual residence and one of them still lives there. Spain may also have jurisdiction, for example, because both spouses are Spanish nationals, because the respondent lives in Spain or once the spouse who returned has completed the required period of residence to file the application there.
There may therefore be two potentially competent jurisdictions. If proceedings are started in both countries, the court before which the second application was filed will normally have to suspend its proceedings until the first court determines whether it has jurisdiction. If the first court confirms its jurisdiction, the second court will generally have to decline the case. For this reason, the timing of the divorce application may be particularly important in some international cases. Jurisdiction over the children must be considered separately. If they continue to live and attend school in Belgium, the Belgian courts will normally have jurisdiction over parental responsibility, their residence and contact arrangements. If the children have lawfully moved to Spain and established their habitual residence there, the Spanish courts may have jurisdiction.
The outcome may be different where one parent unilaterally moves the children to Spain without the other parent’s consent. It should not be assumed that Spain immediately acquires jurisdiction, as the move may be wrongful and may lead to international return proceedings for child abduction. A Belgian divorce judgment will, in principle, be recognised in Spain without the substance of the case being reconsidered. However, the Spanish former spouse will still need to complete the necessary formalities for the divorce to be recorded in the Spanish Civil Registry.
Non-EU couple living in Belgium with assets in several countries
Consider a married American couple who married in New York and have lived in Brussels for six years. They own a family home in Belgium, a property in the United States and an investment account in Switzerland. One spouse works for a multinational company, while the other obtained Belgian residence through family reunification. Belgian courts may grant the divorce because both spouses are habitually resident in Belgium. Jurisdiction does not require either spouse to be a Belgian or EU citizen.
The Belgian family home, the American property and the Swiss investment portfolio may all be governed by the same matrimonial property law. However, the transfer, registration or enforcement of rights over each asset must also comply with the rules of the country in which it is located. A Belgian decision will not necessarily be recognised automatically in the United States or Switzerland. It will be necessary to check the recognition requirements in each country, including whether an apostille, a translation or a specific court procedure, such as exequatur, is required.
The immigration position of the spouse whose residence depends on the marriage should also be reviewed before proceedings begin. Divorce may lead to a reassessment of their residence permit. However, in certain circumstances, it may be possible to retain the permit because of the duration of the marriage, the existence of children, the spouse’s own employment or other personal circumstances. The Belgian Immigration Office also distinguishes between family reunification with a Belgian citizen, an EU citizen and a non-EU national.
A common example involving expatriates and EU institutions in Brussels
A particularly common situation involves a German official working for an EU institution who is married to a French citizen employed by a multinational company. The family lives in Woluwe-Saint-Pierre, their children attend a European School, and they own a family home in Brussels and an apartment in Munich. The EU official receives an EU salary, family allowances and certain additional benefits, while the other spouse receives performance-related bonuses.
Belgium will, in principle, have jurisdiction to grant the divorce because the family’s habitual residence is in Brussels. Belgian courts will also normally have jurisdiction over the children because they live, attend school and have the stable centre of their lives in Belgium. When calculating maintenance contributions, the court should not consider only the spouses’ basic salaries. Family allowances, European School expenses, medical insurance and bonuses must also be examined. The apartment must be included in the liquidation of the matrimonial property regime even though it is located in Germany. The applicable law will determine whether it belongs to the common estate or is the separate property of one spouse.
⚠️ Important: These examples are for guidance only. The date of the marriage, the length of residence, the existence of a marriage contract, the timing of a child’s move and the prior filing of proceedings in another country may change both the court with jurisdiction and the law that applies.
Separation may also require a review of the employment and social rights of expatriates in Belgium, particularly in relation to medical insurance, family benefits, pensions and residence permits.
Do you need legal advice for an international Divorce in Belgium?
In an international divorce, the issue is not limited to deciding where the application should be filed. The applicable law, the situation of the children, maintenance obligations, assets located in different countries and the recognition of the future judgment must also be coordinated. Obtaining legal advice before starting proceedings can help prevent jurisdictional disputes, protect the spouses’ assets and ensure that the decisions adopted can be effectively recognised and enforced in all the countries concerned. At Arthur & Marin, our lawyers have experience in private International law and European Union law. We assist expatriates and international families in Belgium through a legal strategy tailored to their personal, family and financial circumstances.
Contact us to arrange a confidential consultation by email at info@arthurmarin.com or by telephone on +32 465 345 345.
💡 Proper preparation from the outset is the best way to protect your family, your assets and your rights in all the countries concerned.
Written and reviewed by Maître Diego Espinosa, a lawyer admitted to the relevant Bars, with experience in Belgian and European law.
