Belgian weddings: engaged and getting married in Belgium

Posted on: september 20th, 2019 by Webmaster

If you’re likely to get married in Belgium, this guide describes the documents and papers you’ll want to prepare a marriage in Belgium.

Even though the nation is fabled for its bureaucracy, engaged and getting married in Belgium is relatively simple. Both heterosexual and same-sex partners in Belgium could possibly get hitched, maintain a authorized cohabitation or live together without having any appropriate status.

Only civil marriages are legitimately recognised in Belgium. Following the civil ceremony, which has to take destination at a registry workplace, partners frequently have a spiritual or secular ceremony as an element of their event but it is not needed.

Belgium had been the 2nd nation to legalise same-sex wedding, in 2003. The procedures, ceremonies and liberties for same-sex partners are almost the same as those for heterosexual partners, therefore unless otherwise stated the given information below pertains to both. The main one critical exclusion is parental legal rights, which apply immediately up to a birth-mother’s spouse if he could be male although not if she actually is female.

Throughout this document, translations are placed in the format that is following English (Dutch/French).

Could I get hitched in Belgium?

Getting hitched in Belgium, either you or your personal future spouse should be a citizen that is belgian are resident in Belgium for at the least 3 months. In line with the government that is belgian air seats and leasing agreements may be used as evidence of residence.

A casual reading of the English webpage for the Belgian department of immigration suggests that foreigners can get married in Belgium with a ‘class C’ Schengen visa at the time of writing. Nevertheless, this is certainly a misunderstanding due to the website being under construction, and it is maybe maybe not sustained by the French texts.

The two of you must certanly be over 18 and never currently hitched. Those over 16 could get hitched using the authorization of the moms and dads and the courts. Foreigners must meet the requirements for wedding inside their house nation, including age limitations. But, it is almost always, yet not always easy for same-sex partners to obtain hitched in Belgium, even though their brand new status will likely not be recognised inside their house nation.

Would a registered cohabitation be better for me personally?

Subscribed cohabitation (wettelijk samenwonen / cohabitation legale) in Belgium is notably uncommon. Whilst in other nations comparable terms can be used to explain partners residing together or same-sex wedding (as an example, ‘registered partnership’), in Belgium this implies a provided residence and duties, certainly not a intimate relationship. Consequently, as well as partners, it’s also possible to own an appropriate cohabitation with an user of the household who you can maybe maybe perhaps not marry (a moms and dad or adult sibling, as an example). Nevertheless, you simply cannot get into a registered cohabitation if you’re hitched or currently in a cohabitation that is registered.

Both parties have the right to live in the family home, and the duty to maintain it, including paying costs in a registered cohabitation. Also they are jointly accountable for debts concerning household help together with family home, such as for instance a home loan or vehicle payment, even in the event they truly are just held within one title.

Pre-wedding preparations

You have to inform the registrar of one’s intention to marry at the least a couple of weeks in before your wedding. Be prepared to offer detailed information regarding your self along with your future partner. A summary of paperwork you are going to need is below.

The registrar will likely then issue an ‘act of intent to marry’ (akte van aangifte van het huwelijk / acte de declaration de mariage) which can be shown publicly. Provided that there aren’t any objections, your wedding may then proceed between week or two and 6 months later on.

Documentation for a Belgian wedding

Have a to give:

  • ID (eg passport);
  • Birth certification;
  • Prenuptial agreement (if needed);
  • Evidence of address (eg. rental contract, present bills);
  • Proof of nationality;
  • Proofs of civil status (eg. a breakup or death certification, when you yourself have been married formerly);
  • Evidence of residence authorities that are– belgian expect this to be always a certificate, as described below, nevertheless, if the host to residence is certainly not Belgium, and will not issue these certificates, other evidence are going to be needed.

One or more partner must create evidence of residence in Belgium. The regional authority should have the ability to issue a (bewijs van woonst voor huwelijksdoeleinden / certificat de domicile pour mariage) literally a ‘certificate of residence for marriage’. It is important to show your status that is residential to authority, eg. by bringing your leasing agreement.

International documents might have to be authorised having an Apostille stamp, also referred to as ‘Apostillisation‘legalisation’ or’, or an equivalent. The issuing federal government stamps a document with a distinctive ID, showing that it’s a genuine and accurate content for recognition abroad. Any papers maybe not given in Dutch or French needs to be translated by way of a translator’ that is‘sworn. In the event that interpretation just isn’t carried out in Belgium, it too should be authenticated by an Apostille stamp, or comparable.

Belgian marriages

The lawfully binding ceremony has to take destination at a registry workplace, which can be typically when you look at the neighborhood city hallway (stadhuis / mairie). A lot of city halls are breathtaking structures, frequently 200–600 years of age. Area could be restricted, however it is typically possible to create 20 or more visitors.

The civil registrar / council officer (ambtenaar van de burgerlijke / l’officier de l’etat civil) will conduct the ceremony, including reading out particular sections associated with the Belgian appropriate code since the legal rights and duties of the married few. By the end of the ceremony, the few will likely to be granted with a family group record guide (trouwboekje / livret de mariage), which will act as your content of one’s wedding enrollment.

The few might provide as much as four witnesses, who should all be over 18 and bring ID. You should supply a translator if you, your partner or your witnesses are not fluent in the local language. The translator doesn’t need to be a professional professional but should really be competent.

The ceremony that is civil costs EUR 250–300, however the cost for a Saturday afternoon in a well known area are twice this.

Prenuptial agreements

A prenuptial agreement must be drawn up by a notary and registered at the time of the marriage to be binding in Belgium. Partners may select certainly one of three home ownership policies, or produce their unique arrangement with a prenuptial contract (huwelijkscontract / contrat de mariage).

The standard choice is wettelijk that is het / le regime legal, by which each spouse retains their very own home, and has now joint liability/ownership just for joint debts/assets obtained throughout the wedding or particularly designated as a result.

Getting Belgian citizenship

Marrying a Belgian resident will not immediately give you Belgian citizenship. The standard application procedures use. Typically, you really must have been resident in Belgium for 3 years before using. Nevertheless, in the event that you have the right to remain in the country for more than three months) or three years (if you don’t) if you are applying for citizenship on the basis of your relationship, you must have cohabited with your partner, in Belgium, for at least six months (. Learn about obtaining Belgian citizenship.

Which title?

Under Belgian legislation, both partners retain their original name. Options could be permitted for members of EU states along with other criteria.

In case a married woman in a heterosexual relationship has a young child, her partner is immediately regarded as being a moms and dad, and provided parental legal rights. If she is in a relationship that is same-sex her partner must adopt the kid to own parental liberties.

Kiddies just just simply take their mother’s surname unless the dad is registered as their moms and dad at the time of their delivery. This does occur immediately in the event that father and mother are hitched. Further information can be obtained regarding more uncommon circumstances, such as for example in the event that daddy is hitched to a lady that is perhaps perhaps not the caretaker.

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