Divorce by mutual consent in Belgium: is your situation eligible?

Did you know that 70% of divorces granted in Belgium are by mutual consent? This simplified procedure attracts many couples wishing to separate amicably, but it imposes strict conditions that not everyone can meet. Maître Innocent TWAGIRAMUNGU, an experienced lawyer in Brussels since 2005, regularly supports couples in this delicate process which requires perfect agreement on all aspects of the separation. Find out if your situation allows this type of divorce and how to carry out this procedure, transformed since September 2018.

• Divorce without a lawyer is possible: write your agreements yourself if you agree on everything (cost reduced to €187 administrative costs)
• Financial aid exists: Pro Deo lawyer according to your income and free mediation via legal assistance for approved mediators
• Allow 2 to 4 months on average: the written procedure since 2018 accelerates the process (compared to 6 months minimum before)
• Agreements concerning children remain modifiable: only clauses relating to children can be revised after divorce in their interest

The essential conditions for amicable divorce in Belgium

Divorce by mutual consent represents the quickest and least expensive way to end a marriage in Belgium. This procedure is based on a fundamental principle:total and unconditional agreementof both spouses on all the consequences of their separation. Contrary to popular belief, it is not enough to agree on the principle of divorce.

Spouses must agree on the distribution of their property, child custody, possible alimony, and even on details such as the distribution of legal costs. A single point of disagreement, even minor, can lead to a much longer and more expensive litigation procedure.

Certain situations make it impossible to use mutual consent to divorce. This is particularly the case when one of the spouses categorically refuses divorce, suffers from mental disorders preventing them from giving informed consent, or cannot be found. Likewise, couples in open conflict over child custody or the division of property will have to turn to other forms of divorce.

The procedure has evolved considerably sinceSeptember 1, 2018. Now fully written, it no longer requires a mandatory appearance before the judge. This modernization speeds up the process while reducing the emotional stress associated with public hearings.

Please note:In the event of only partial agreement between the spouses, two options are available to you: divorce by summons (quicker but more expensive) or divorce by petition. Divorce by summons allows you to obtain a first hearing within 15 days but increases bailiff fees. Divorce by petition remains less expensive but extends the delays by several weeks. Your lawyer will guide you towards the most suitable procedure according to your level of agreement and your priorities (speed or economy).

Step 1: Prepare and negotiate your divorce agreements

Drafting mandatory prior agreements

Articles 1287 and 1288 of the Belgian Judicial Code require the drafting oftwo types of agreementsbefore any application submission. The compromise settlement deals with assets and inheritance rights, while the personal agreements organize the future life of the ex-spouses and their children (note that this compromise settlement can be modified during the procedure only in the event of new and unforeseeable circumstances).

Six points must be regulated in these documents: the residence of each person during the procedure, parental authority and custody of the children, the terms of visitation rights, the financial contribution for the maintenance and education of the children, possible alimony between spouses, and the distribution of legal costs.

Since April 2024, anew legal obligationis essential: parents must justify in their agreement how the best interests of their children guided each decision concerning them. This mention must cover education, housing and leisure. His absence may lead the court to require modifications or a personal appearance.

Negotiation and choice of professionals for your mutual divorce consent

To reduce costs, many couples choose to resort toa single lawyer. This option divides the fees by two, the latter generally varying between €590 and €5000 depending on the complexity of the file. Please note, however: the sole lawyer represents the common interests of the couple and not those of a particular spouse. Also note that it is possible to proceed without a professional: the spouses can divorce without a lawyer or notary if they draw up their agreement themselves and agree on all the points, thus reducing costs to just the administrative costs of €187.

Family mediation constitutes an interesting alternative when a few minor points of disagreement remain. The sessions, billed between €120 and €150 per hour, allow situations to be resolved without going through a litigation procedure. Between 3 and 12 sessions are generally enough to reach an agreement. Some family planning centers even offer family mediation sessions at reduced rates, lower than the standard €120-150 charged by private mediators.

Before drafting the agreements, gather all the necessary documents: marriage contract, property titles, bank statements, credit agreements. Anotarized inventorycommon property, although optional, secures sharing and avoids subsequent disputes, particularly for couples married under the legal regime.

Concrete example:Marie and Jean, married for 15 years with two children aged 8 and 12, own a joint house in Ixelles valued at €450,000 with a remaining credit of €180,000. They agree that Marie should keep the house and buy out Jean’s share (€135,000). For the children, they opt for alternating care every other week. Thanks to their good understanding, they draw up their own agreements using online templates. Their divorce only costs them €187 in administrative costs and €350 for the notarial act of repurchase of balance. Total: €537 instead of the usual €3,000 with lawyer.

Step 2: Submit your file and follow the procedure

Filing the petition with the court

The choice between notarial and judicial procedure essentially depends on the presence of real estate in the common heritage. Anotarial deed becomes obligatoryif the transaction concerns one or more buildings. In other cases, going to the family court is sufficient.

When the couple has minor children, the file systematically goes through the Public Prosecutor. This magistrate examines the agreements to verify that they respect the interests of the children and issues a written opinion. Its intervention does not significantly lengthen the procedure but guarantees additional protection for minors.

The complete file includes the joint request, the signed agreements, the civil status documents, and all the documents justifying the agreements made. Careful preparation avoids back and forth with the transplant and speeds up the treatment.

Deadlines and costs of the divorce procedure by mutual consent

The fixed costs amount to187€ minimum, including €22 contribution to the legal aid fund and €165 court registry fee. These amounts, set by the tax administration, are generally shared equally between the spouses. To have an overall view, the average total cost of an amicable divorce amounts to €3,000, compared to €3,000 to €6,000 for a contentious divorce.

Lawyer’s fees represent the most variable expense item. For a simple file without children or complex assets, some firms offer packages starting at €590 per couple. Situations involving real estate, companies or latent conflicts can increase the bill by up to €5,000. The Legal Aid Office, however, allows you to obtain a Pro Deo lawyer depending on your income, and free or almost free mediation sessions are accessible via legal assistance for approved mediators.

The average duration of a divorce by well-prepared mutual consent ranges between2 and 4 months. This short delay is explained by the absence of compulsory appearance and administrative simplification. Additional costs may be added: notary fees for the inventory or liquidation of the matrimonial regime, mediation sessions if necessary.

Practical advice:Be careful if you rely on your legal protection insurance: this generally imposes a waiting period of 3 years for family disputes, considerably limiting its effectiveness for immediate divorces. Check the conditions of your contract before starting the procedure. If you are in an emergency, turn to legal aid or negotiate payment arrangements with your lawyer. Many firms offer deadlines adapted to your financial situation.

Step 3: Probate and finalization of divorce

Approval by the judge normally occursin the following monthsubmission of the complete file. The magistrate verifies that the agreements respect public order and the interests of minor children. In the absence of irregularity, he pronounces the divorce by a written judgment.

An appeal period of one month runs from the delivery of the judgment. During this period, one of the spouses could theoretically contest the decision, although this hypothesis remains exceptional in amicable divorces. Once this period has expired, the judgment becomes final.

The transcription at the BAEC (Data Bank of Civil Status Acts) formalizes the divorce and makes itenforceable against third parties. This administrative formality allows in particular to remarry and modifies the civil status on all official documents. The legal effects between spouses, however, date back to the date of submission of the request for property effects, but only become enforceable against third parties after notification to the BAEC. The transcription is made in the civil status registers of the municipality of marriage, in principle within the month following the expiration of the appeal period.

Approved conventions acquire a characterirrevocable, except for clauses concerning children. These can be modified at any time if the interests of the child justify it, even if the parents had planned otherwise. For other aspects, only new and unforeseeable circumstances would allow a possible revision. Note, however, that the ex-spouses can jointly modify their agreements after transcription of the divorce by mutual agreement, even for clauses other than those relating to children, provided they agree on the modifications.

Maître Innocent TWAGIRAMUNGU has been supporting Brussels couples in their divorce procedures for almost twenty years, whether amicable or contentious. His firm offers an approach that is both rigorous and human, particularly appreciated in these delicate moments when legal aspects mingle with emotions. If you are considering a divorce by mutual consent in the Brussels region, his in-depth expertise infamily law and family proceduresand his perfect knowledge of Belgian procedures guarantee you personalized and effective support to calmly turn this page in your life.