How do you file for divorce by mutual consent in Belgium?

Both spouses must agree on all terms, draft a comprehensive agreement, and appear before a judge who can grant the divorce immediately if satisfied.

Filing for divorce by mutual consent (echtscheiding op gemeenschappelijk verzoek in Dutch, divorce par consentement mutuel in French) is the most straightforward and fastest divorce procedure in Belgium, typically completed within 2-3 months.

Step 1: Reach Agreement Both spouses must agree on all aspects of the divorce, including child custody, spousal support, property division, and any other relevant matters. This agreement must be comprehensive and detailed.

Step 2: Draft Legal Documents A formal divorce agreement must be prepared, outlining all arrangements. While not mandatory, having each spouse represented by separate lawyers is strongly recommended to ensure individual interests are protected.

Step 3: File the Petition Submit the divorce petition and agreement to the family court in the judicial district where either spouse resides. Required documents include the marriage certificate, birth certificates of any children, and the comprehensive divorce agreement.

Step 4: Court Hearing Both spouses must appear before the judge together. The judge will verify that the agreement is fair, particularly regarding children's welfare and that both parties truly consent. If satisfied, the judge can grant the divorce immediately.

Step 5: Divorce Decree Once granted, the divorce decree is issued and must be registered with the civil registry office where the marriage was registered.

This process requires careful attention to legal details and documentation. Working with experienced family lawyers like John Thoen at Maatadvocaten ensures all requirements are met and protects both parties' interests throughout the procedure. For personalized guidance, consult a Family Law specialist on TinRate.