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.
Questions fréquentes
How long does a mutual consent divorce take?
My spouse refuses divorce. Can I still divorce?
Who keeps the family home during proceedings?
How does asset division work?
Does fault still play a role in divorce?
Can I change my name after divorce?
How do I protect my interests if my spouse manages all the money?
Is mediation mandatory before divorce?
Nexlaw makes finding a divorce-separation expert transparent and simple.
Useful legal resources
How to Divorce in Belgium: Procedures and Advice
Divorce is a significant life event that requires a clear understanding of the legal options available in Belgium.
Aide juridique gratuite (Pro Deo)
Découvrez les conditions et démarches pour bénéficier d'un avocat gratuit en Belgique.