Understanding the Family, Marriage, Divorce & Guardianship Law in Belgium

Explore family law in Belgium with expert insights on marriage, divorce, and guardianship.. Know the rights and liabilities of partners and parents

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Family law in Belgium governs the legal relationships between individuals who are related by blood or marriage. It includes laws related to marriage, divorce, child custody, and guardianship. This comprehensive guide will provide an overview of the family, marriage, divorce, and guardianship law in Belgium.

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Marriage Law in Belgium

Marriage in Belgium is governed by the Civil Code and the Code of Private International Law. In Belgium, marriage can be contracted between two people of the opposite sex or of the same sex. Same-sex marriage has been legal in Belgium since 2003.

Requirements for Marriage

In order to get married in Belgium, both parties must be at least 18 years old and not already married or in a registered partnership. The couple must also provide proof of identity and proof of residence in Belgium. If one or both parties are not Belgian citizens, additional documentation may be required.

The Marriage Ceremony

In Belgium, civil marriage ceremonies are conducted by an official of the municipal administration, known as the "officer of the civil status". The ceremony must take place in a public location, such as the town hall or a designated wedding venue. It is possible to have a religious or symbolic ceremony after the civil ceremony, but the civil ceremony is legally binding.

Marriage Contracts

In Belgium, couples can enter into a marriage contract before or after the wedding. The marriage contract can cover a wide range of issues, such as property rights, spousal support, and the division of assets in the event of divorce. The marriage contract must be signed by both parties and witnessed by a notary.

Ending a Marriage

In Belgium, there are two ways to end a marriage: divorce and legal separation. Divorce can be obtained if the marriage has irretrievably broken down and the couple has been living apart for at least six months. Legal separation allows the couple to live apart and divide their assets and debts, but they remain legally married and cannot remarry.

Division of Property

In the event of divorce or legal separation, the property acquired during the marriage is divided between the spouses according to the rules of community property. This means that each spouse is entitled to half of the assets and must also assume half of the debts. However, if the spouses have entered into a marriage contract, the rules of community property may be modified.

Spousal Support

In Belgium, spousal support may be awarded to one spouse after divorce or legal separation. The amount and duration of spousal support are determined by the court based on factors such as the duration of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage.

Divorce Law in Belgium

In Belgium, divorce is governed by the Civil Code. The process of divorce can be initiated by either spouse, and there are two types of divorce: uncontested and contested.

Uncontested Divorce

An uncontested divorce is one where both spouses agree to the divorce and the terms of the divorce, such as the division of property and custody arrangements. In this case, the divorce can be finalized quickly and without a trial.

Contested Divorce

A contested divorce is one where the spouses are unable to reach an agreement on the terms of the divorce. In this case, a trial may be necessary to resolve any issues related to the divorce, such as child custody and property division.

Grounds for Divorce

In Belgium, there are two grounds for divorce: separation by mutual consent and separation for a period of at least one year. Separation by mutual consent is the most common ground for divorce, and it requires both spouses to agree to the divorce and the terms of the divorce. Separation for a period of at least one year is a ground for divorce when the spouses have been living apart for at least one year and there is no prospect of reconciliation.

Division of Property

In the event of a divorce, the spouses must agree on the division of their property. If they are unable to reach an agreement, the court will decide on the division of property based on several factors, such as the length of the marriage, the financial situation of each spouse, and the contributions of each spouse to the marriage.

Child Custody and Support Law in Belgium

Child Custody

In cases where the spouses have children, the court will also decide on the custody arrangements for the children. The court will consider the best interests of the children when making custody decisions, and will take into account factors such as the child's age, health, and relationship with each parent.

Child Support

In addition to custody arrangements, the court will also determine the amount of child support that must be paid by one parent to the other parent. The amount of child support is based on several factors, such as the financial situation of each parent, the needs of the child, and the amount of time each parent spends with the child.

Overall, divorce in Belgium can be a complex process, especially in cases where the spouses are unable to reach an agreement on the terms of the divorce. It is important to consult with a qualified attorney who can provide guidance and support throughout the divorce process.

Guardianship Law in Belgium

Guardianship in Belgium is governed by the Civil Code. A guardian is appointed to take care of a minor child or an incapacitated adult who is unable to take care of themselves. The guardian is responsible for the welfare of the person they are appointed to care for.

There are two types of guardianship in Belgium:

Full Guardianship: Appointed when a person is fully incapacitated and unable to make decisions for themselves.
Partial Guardianship: Appointed when a person is only partially incapacitated and is able to make some decisions for themselves.

Who can be a Guardian?

In Belgium, any person who is over 18 years of age and who is not under guardianship themselves can be appointed as a guardian. The court will appoint a guardian if there is no one else who can take on this role, such as a parent or spouse. The guardian must be a person who is capable of taking care of the person they are appointed to care for and who is willing to take on this responsibility.

How is a Guardian Appointed?

Guardianship can be appointed voluntarily or by court order. If a person wants to appoint a guardian for themselves or for their child, they can do so voluntarily by drawing up a legal document known as a guardianship mandate. This document will specify the powers and responsibilities of the guardian and will be registered with the guardianship court.

If a guardian needs to be appointed by court order, the court will make this decision based on the best interests of the person who needs a guardian. The court will take into account the wishes of the person in need of a guardian, as well as the views of family members and any other relevant parties.

Responsibilities of a Guardian

Providing for the needs of the person they are appointed to care for, such as food, shelter, and medical care.
Managing the finances of the person they are appointed to care for.
Making decisions regarding the welfare of the person they are appointed to care for, such as decisions regarding medical treatment or living arrangements.
Reporting to the guardianship court on a regular basis regarding the well-being of the person they are appointed to care for.

Can a Guardian be Removed?

If a guardian is not fulfilling their responsibilities or is not acting in the best interests of the person they are appointed to care for, they can be removed from their role. The guardianship court will make this decision based on the evidence presented to them.

Conclusion: Family Law in Belgium

In conclusion, family, marriage, divorce, and guardianship law in Belgium is complex and varies depending on individual circumstances. It is important for individuals to understand their rights and responsibilities under Belgian law, especially in cases involving children and families. Seeking legal counsel from a qualified attorney is highly recommended to ensure that all legal processes are followed correctly and to achieve the best possible outcome in these sensitive matters. By understanding the legal system and the processes involved in family, marriage, divorce, and guardianship law in Belgium, individuals can make informed decisions and protect their rights and the well-being of their loved ones.

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