Divorce Under Belgian Law: Procedure & Steps

Every year, more than 25,000 divorces are granted in Belgium. That is 25,000 couples going through one of the most difficult periods of their lives — legally, emotionally, and financially. Yet the vast majority have no clear idea of what actually awaits them: which documents, which court, which timelines, which costs.

Belgian law distinguishes two main types of divorce, each with its own procedure, its own timeline, and its own pitfalls. Whether you are divorcing by mutual consent or finding yourself caught up in a contested process — knowledge is power. This guide takes you through every phase of the divorce procedure under Belgian law. For additional information and practical guidance, we also refer you to our complete guide to divorce in Belgium.

Where children are involved, divorce becomes considerably more complex — and considerably more sensitive. Belgian law is unambiguous on this point: the best interests of the child always take precedence, above the wishes of both parents combined (Article 374 of the Civil Code).

Co-parenting as the default standard in divorce proceedings

Since the Act of 18 July 2006, co-parenting has been the legal default in Belgium. This means the court will always first examine whether an equally shared residence arrangement (week-on/week-off or an equivalent arrangement) is feasible. Only where co-parenting is demonstrably not in the child's best interests will the court depart from this approach.

An important nuance: co-parenting does not automatically mean that both parents pay or receive equal amounts. Child benefit and the tax advantage for dependent children must be arranged separately. For more information about these arrangements and their legal aspects, consult our guide on childcare in Belgium.

Parental authority vs. residence arrangements

This is an area where confusion is common:

• Parental authority (autorité parentale): the right to make decisions regarding the child's upbringing, health, and education. In principle, both parents retain this jointly, even after divorce.
• Residence arrangement (hébergement): with whom does the child live? This is determined through the divorce proceedings — and this is where the real conflicts arise.

What if the parents cannot reach agreement?

If parents cannot agree between themselves, the family court decides. The judge may appoint a mediator or engage an expert to assess the home situation. In extreme cases — abuse, neglect — the youth court judge may intervene.

The residence arrangement can always be revised if circumstances change significantly — if one parent relocates abroad, for example, or if the child grows older and expresses a preference of their own.

Let us be honest: divorce costs money. How much exactly depends on your situation, but it is better to know what you are facing before you begin the process.

Costs of divorce by mutual consent

This is by far the least expensive option. The main cost items are:

• Solicitor's fees: €500 to €2,500 per solicitor (and in principle each partner needs their own solicitor).
• Notary's fees: mandatory where real property is involved, typically 1 to 2.5% of the value.
• Court registry fees: approximately one hundred euros for filing the petition.

For a relatively straightforward case involving no real property, you can expect a combined total of €1,000 to €5,000.

Costs of contested divorce proceedings

Here the costs escalate quickly. In addition to solicitor's fees — which in a protracted case can easily amount to €5,000 to €15,000 per party — there are also costs for any expert assessments, expert reports, and court fees.

Legal aid for those facing financial hardship

Do you not earn enough to pay a solicitor? You may be entitled to pro bono legal aid through the Bureau for Legal Aid (BJB) at the Bar in your judicial district. The income threshold for full cost-free assistance is approximately €1,226 net per month (2024 figure, indexed).

Legal expenses insurance

Do you have legal expenses insurance? Check your policy — many policies cover family law matters, including divorce proceedings. Some employers also offer this as a non-statutory benefit. It could save you thousands of euros.