Question 1

What is the difference between divorce by mutual consent and divorce for irretrievable breakdown?

Accepted Answer

Divorce by mutual consent requires complete agreement of the spouses on all terms (assets, children, maintenance). It is generally the fastest procedure. Divorce for irretrievable breakdown is a contentious procedure where the spouses disagree, either pronounced after de facto separation or immediately if fault is proven.

The two routes rest on different texts. Divorce by mutual consent is provided for in article 230 of the former Civil Code and organised by articles 1287 and following of the Judicial Code: everything is settled in advance in a written agreement.

Divorce for irretrievable breakdown rests on article 229. The judge grants it upon finding a breakdown that makes the continuation of married life, and its resumption, reasonably impossible (article 229). The breakdown may be proven by any legal means, but the law also treats it as established by the passage of time alone: more than six months of de facto separation where both spouses petition jointly, more than one year where only one of them does.

The choice is not fixed on day one. Article 1255, § 3 of the Judicial Code provides that if the other spouse consents during the proceedings, the divorce is pronounced within the shorter timeframes applicable to a joint petition. An initial disagreement therefore does not rule out reaching an agreement during the proceedings.

Question 2

How much does a divorce cost in Belgium?

Accepted Answer

Every family law case is unique. Fees depend on the complexity of your situation, the number of necessary steps and the duration of representation. During the first consultation (€100 excl. VAT), Mrs. Sarah Satti will analyse your case and present you with a transparent fee estimate tailored to your personal situation.

Lawyer's fees are only part of the cost of a procedure. Court costs are added to them; these do not go to the firm and their amounts are set by statute or by royal decree: the court registration duty (droit de mise au rôle), payable to the State when the case is entered on the court's roll; bailiff's costs where applicable; and notary's costs if a division of assets is required.

The procedural indemnity, which article 1022 of the Judicial Code defines as a lump-sum contribution towards the costs and fees of the successful party's lawyer, is easier to plan for when it is known in advance. Between spouses, however, article 1017 allows the costs to be set off rather than charged to one party alone, which is common in family matters.

From the first consultation, Mrs. Sarah Satti reviews, alongside the fee estimate, the items that apply to your case. The budget is therefore known at the outset.

Question 3

How long does a divorce procedure take?

Accepted Answer

Procedure timelines vary depending on the nature of your case, its complexity and the schedule of the Brussels Family Court. During the first consultation, Mrs. Sarah Satti will analyse your situation and provide you with a realistic estimate of timelines specific to your case.

The time limits written into the legislation govern the timetable more reliably than any average duration.

For divorce by mutual consent, article 1289 of the Judicial Code provides that the procedure is conducted in writing where personal appearance is not ordered; where it is ordered, the spouses appear together and in person within one month of the filing of the petition. The public prosecutor has thirty days from the entry of the case on the roll to file a written opinion.

For divorce for irretrievable breakdown, the timeframes of article 1255 set the pace. If the de facto separation has not yet reached six months for a joint petition, or one year for a petition by a single spouse, the judge sets a new hearing immediately after that period expires. Conversely, where the irretrievable character of the breakdown is established by evidence, the judge may pronounce the divorce without delay.

From the first appointment, Mrs. Satti separates these procedural timeframes from the time needed to settle the children's residence, maintenance contributions or the division of assets: those questions follow their own pace and may continue after the divorce is pronounced.

Question 4

Is a lawyer mandatory for divorce?

Accepted Answer

No, it is not legally mandatory in Belgium for divorce by mutual consent. But it is strongly recommended: the lawyer secures the agreements (divorce convention), avoids procedural defects that could invalidate the procedure, and protects your long-term rights (particularly for maintenance and assets). For contested divorce, a lawyer is de facto indispensable.

Article 1288 of the Judicial Code requires the agreement preceding a divorce by mutual consent to settle in writing authority over the person and administration of the children's property, together with the right to personal contact, **both during the proceedings and after the divorce**; each spouse's contribution to the maintenance, upbringing and appropriate education of those children; and the amount of any maintenance between spouses (or the waiver of it), with the formula for adjusting it to the cost of living and the circumstances in which it may be revised after the divorce.

The same article adds that an agreement concerning a minor child must state how the child's interests were taken into account.

Where the agreement is silent on one of these points, or its revision clause is drafted too loosely, the difficulty resurfaces when the agreement has to be applied. The law does allow the provisions concerning children to be revised after the divorce, but only where new circumstances arise beyond the parties' control, which means going back before the judge.

Question 5

What is family mediation?

Accepted Answer

Family mediation is a voluntary process where an accredited and neutral mediator helps parties reach an agreement (on custody, assets, maintenance). It can take place before or during judicial proceedings. If this path proves relevant in your situation, Mrs. Satti can refer you to accredited mediators at the Family Court: it is generally faster, cheaper and better preserves future relationships, especially when children are involved.

The Judicial Code defines it in article 1723/1 as a confidential and structured process of voluntary consultation between parties in conflict, with the help of a neutral, impartial and independent third party who facilitates communication and seeks to lead the parties to work out a solution themselves. The parties themselves work out the solution, assisted by a third party whose role is to facilitate communication.

Information is automatic: under article 1253ter/1, as soon as a claim is brought before the family court, the clerk sends the parties the text of articles 1730 to 1737, an information brochure on mediation, and the list of accredited family mediators established in the judicial district.

A mediation agreement, moreover, does not remain a mere private document. Article 1733 allows it to be submitted to the judge for approval, provided the mediator is accredited by the Federal Mediation Commission. The judge may refuse that approval only if the agreement is contrary to public policy or, in family mediation, contrary to the interests of the minor children. Once granted, the order has the effects of a judgment.

Where the mediation concerns matters affecting a child, the agreement must also state that the mediator drew the parties' attention to the child's interests, and specify how those interests were taken into account.

Question 6

How is child custody decided?

Accepted Answer

Where the parents agree on the children's residence, the family court approves their agreement unless it is manifestly contrary to the child's best interests. Failing agreement, and where parental authority is exercised jointly, the court examines as a priority, where at least one of the parents so requests, the possibility of equally shared residence (law of 18 July 2006); if it considers that this arrangement is not the most appropriate one, it sets a different arrangement by a specially reasoned judgment. The court rules having regard to the concrete circumstances of the case and to the interests of the children and of the parents, and obtains the child's opinion in accordance with article 1004/1 of the Judicial Code.

Question 7

How is maintenance calculated?

Accepted Answer

For children: child support is calculated based on each parent's resources, residence time, and the child's needs (education, health, leisure). Several calculation methods exist in practice, in particular the Renard and Tremmery-Roodhooft methods: these are indicative scales drawn from practice and legal writing, with no statutory force, and no text imposes them on the judge. The family court sets the maintenance contribution in proportion to each parent's means (former Civil Code, articles 203, § 1, and 203bis), and the judge retains discretion. For the ex-spouse: spousal maintenance depends on need and the duration of the marriage.

The legal starting point is article 203, § 1 of the former Civil Code: parents must provide, in proportion to their means, for the housing, maintenance, health, supervision, upbringing, education and development of their children; the obligation continues beyond majority if education is not completed. Paragraph 2 makes clear that “means” are not limited to salary: they include all professional, movable and immovable income of the parents, as well as all benefits and other resources securing their standard of living and that of the children.

A decision therefore cannot come down to a single figure. Article 1321 of the Judicial Code requires the judgment to state eight elements, among them the nature and amount of each parent's means, the ordinary costs making up the child's budget and how they are assessed, the nature of extraordinary costs and each parent's share, the residence arrangements and the contribution in kind resulting from them, and the amount of child benefit and of any social and tax advantages received for the child. An agreement must justify the amount against those same elements. Those eight elements are therefore the points on which a calculation can be disputed.

The amount does not stay fixed: article 203quater provides that it is adjusted automatically to movements in the consumer price index every twelve months, unless the court applies a different formula or the parties agree otherwise.

The judgment or agreement must also expressly state the contact details of the Maintenance Claims Service (SECAL/DAVO), created within the Federal Public Service Finance by the law of 21 February 2003, and recall its role in advancing and recovering unpaid maintenance.

Question 8

What is the default matrimonial regime in Belgium?

Accepted Answer

Without a marriage contract, the spouses are subject to the statutory regime (régime légal / wettelijk stelsel), which rests on three estates: each spouse's own property and the common estate. Professional income and the fruits of own property are common; property owned before the marriage and property received during the marriage by inheritance or gift remain own property. On dissolution of the regime, after payment of the common debts and settlement of compensations, any assets that remain are divided in half. Couples may opt for separation of property (each retains their income), universal community (everything is joint), or a personalised mixed regime via notarial deed.

**The articles have moved from one code to another**, and part of the material available online does not reflect that. The rules on matrimonial property regimes were traditionally found at articles 1387 and following of the former Civil Code. Those articles were repealed on 1 July 2022 by the law of 19 January 2022 enacting book 2, title 3 (couples' property relations) of the Civil Code, published in the Belgian Official Gazette of 14 March 2022. A page or a model agreement still referring to the old numbering refers to texts that are no longer in force.

The practical consequence is unchanged. The matrimonial regime defines the estate to be divided, while the liquidation and division procedure organises how it is shared out. These are two distinct questions, and they do not arise at the same stage of the case. The regime is checked at the outset of the file, before any discussion of figures.

Family Law in Brussels

What is family law in Belgium?

Our areas of practice

Divorce by mutual consent

Contested divorce (irretrievable breakdown)

De facto separation

Child custody

Child support

Alimony

Matrimonial property regime

Grandparents' visitation rights

Asset division

Parentage

Civil status correction

The firm's approach

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