In Belgium, couples can divorce when both partners give their mutual consent or due to “irreconcilable differences”.
In the case of mutual consent, the spouses do not need to give a reason for the divorce.
In the case of divorce because of “irreconcilable differences”, one or both spouses need to prove that it is impossible for them to remain married.
When does the law of another country apply?
In some cases, the Belgian judge applies the law of a foreign country rather than Belgian law. This can be the law of one of the countries of which one of the partners (or both) is a national or the country where the couple used to live.
Spouses can decide together which law will be followed. Unless certain restrictions apply, the judge will follow that law. When the spouses do not agree, the judge will apply specific rules to decide whether Belgian law or the law of another country should be followed.
This legislation is quite complicated and there are several conditions. You can call the helpdesk of Kruispunt Migratie Integratie & Inburgering for more information.
A divorce decree pronounced in a foreign country can be recognized by the Belgian authorities. There are, however, a number of restrictions and conditions. Different rules apply in different situations
Repudiation means that one partner (the male spouse) ends the marriage alone. The other partner (the female spouse) does not have equal rights. In this case, a divorce decree will not be recognized in Belgium. There are, however, exceptions based on a number of conditions.
You can contact the helpdesk of Kruispunt Migratie Integratie or a lawyer for more information.