divorce-separation

Divorce and Separation Lawyer in Belgium

Deciding to divorce is never easy. It's the outcome of often painful reflection, sometimes the recognition of failure, always the beginning of a new chapter in life.

Mis à jour en février 2026

Deciding to divorce is never easy. It's the outcome of often painful reflection, sometimes the recognition of failure, always the beginning of a new chapter in life. In Belgium, two paths are open to spouses wishing to end their marriage: mutual consent divorce, quick and peaceful when agreements are possible, or divorce for irretrievable breakdown when conflict persists. In both cases, many questions arise: what happens to the children, the home, shared assets, debts? A specialised lawyer accompanies you through this transition, defending your interests whilst preserving what can be preserved, particularly for the children.

Why a divorce specialist lawyer?

Divorce touches all aspects of family life: assets, children, housing, income, sometimes even the family name. A generalist may know the broad outlines, but the specialist has concrete experience of hundreds of similar situations.

The specialised lawyer knows how to anticipate problems. The question that seems secondary today - splitting school fees, the fate of life insurance, repaying the joint loan - can become explosive tomorrow. The specialist helps you plan for everything in the agreements.

They also know the family court judges in your district, their sensibilities, their practices. This local knowledge allows adapting strategy, knowing when to insist and when to compromise.

Finally, the divorce lawyer has developed listening skills and emotional management abilities. These cases are charged with emotion: anger, sadness, sense of injustice. The professional helps you step back, distinguish what's truly important from wounded pride.

How much does a divorce lawyer cost?

Fees depend essentially on the type of divorce and its duration.

For mutual consent divorce, fees range from 1,500 to 3,000 euros per spouse (or for a single lawyer if you choose just one). This flat fee covers drafting agreements, filing the petition, appearing before the judge. The procedure takes 2 to 4 months.

For contested divorce, costs soar. The hourly rate (125 to 200 euros in the provinces, more in Brussels) multiplied by numerous hours of work - exchanges with the other party, drafting submissions, hearings - can generate a bill of 5,000 to 15,000 euros, or more if the case drags on.

Legal aid exists for low incomes. A pro deo lawyer can be appointed if you earn less than 1,526 euros net per month (single person) or 1,817 euros (household). These thresholds are increased per dependant.

Different forms of divorce in Belgium

Mutual consent divorce is the quickest and least expensive route. Spouses agree on everything: the children's arrangements (residence, child support), asset division, spousal maintenance. They submit their agreements to the court, which verifies they respect the children's interests and grants the divorce.

Divorce for irretrievable breakdown applies when spouses cannot reach agreement. It can be requested in two ways: either after at least one year's de facto separation (or six months if both spouses agree on the breakdown), or immediately if one spouse proves that continued cohabitation has become impossible.

Judicial separation, rarely used, ends the obligation to cohabit without dissolving the marriage. Some couples use it for religious or asset-related reasons.

Legal cohabitation ends more simply, by unilateral declaration before the registrar. However, questions relating to common children and asset division may require family court intervention.

Trouvez votre avocat spécialisé

Consultez notre réseau d'avocats en divorce-separation et prenez rendez-vous directement en ligne.

Questions fréquentes

How long does a mutual consent divorce take?
If your agreements are well prepared, the procedure can conclude in 2 to 4 months. The timeframe depends mainly on the family court's caseload. A single hearing is generally sufficient to grant the divorce.
My spouse refuses divorce. Can I still divorce?
Yes, divorce for irretrievable breakdown can be requested unilaterally. If you've been de facto separated for at least one year (or six months with the other's agreement), divorce will be granted without your spouse being able to oppose it. Otherwise, you'll need to prove the breakdown is irretrievable.
Who keeps the family home during proceedings?
The judge can, provisionally, award occupation of the family home to one spouse, generally the one with primary care of the children. This provisional measure doesn't prejudge definitive division of the asset when liquidating the matrimonial regime.
How does asset division work?
It depends on your matrimonial regime. Under the legal regime (most common), assets acquired during the marriage are divided equally. Under separation of assets, each takes back what belongs to them. A notary generally intervenes to liquidate the regime and divide immovable assets.
Does fault still play a role in divorce?
Since 2007, fault-based divorce no longer exists in Belgium. However, fault can affect the right to spousal maintenance: someone who committed a serious fault making continued cohabitation impossible may be refused maintenance.
Can I change my name after divorce?
You automatically revert to your birth name after divorce. However, with your ex-spouse's agreement, you can continue using their name. For children, divorce doesn't change their surname.
How do I protect my interests if my spouse manages all the money?
From the start of proceedings, you can request urgent provisional measures from the justice of the peace then the family court: provisional maintenance, freezing joint accounts, asset inventory. Act quickly to prevent assets from disappearing.
Is mediation mandatory before divorce?
No, but it's strongly recommended. Family mediation often allows reaching agreements on sensitive points (children, maintenance, assets) more quickly and cheaply than court proceedings. Courts systematically encourage it.

Nexlaw makes finding a divorce-separation expert transparent and simple.