Marriage annulment in Belgium: what you need to know and how to go through the process

Marriage annulment in Belgium is a legal procedure that allows a marriage to be declared invalid for various reasons, such as fraud or coercion. This process is different from divorce in Belgium and can be complicated for those who are not familiar with the law. In this article, we will explain in detail how marriage annulment in Belgium works, what requirements need to be met and what steps to take to successfully complete the case. We will pay special attention to foreigners, for whom the process may have its own peculiarities.

What is Marriage Annulment in Belgium

An annulment in Belgium is a legal process to declare a marriage invalid from the moment it was concluded. Unlike a divorce, which ends a valid marriage, an annulment states that the marriage never existed in a legal sense. This procedure is only possible if there are certain grounds that must be proven in court.

Annulment is a legal process where a marriage is declared invalid due to serious violations of the law or failure to meet the requirements for marriage.

List of reasons for cancellation:

1. Violation of the terms of consent:
   • One of the spouses entered into marriage under pressure, threats or without informed consent.
   • Articles 146 and 146bis of the Belgian Civil Code.
2. Family ties:
   • Marriage between close relatives (parents and children, brothers and sisters).
   • Articles 161 and 163 of the Civil Code.
3. Bigamy or polygamy:
   • One of the spouses is already in a marriage that has not been dissolved.
   • Article 147 of the Civil Code.
4. Failure to meet the minimum age for marriage:
   • One of the spouses is under the age established by law (18 years without court permission).
   • Article 144 of the Civil Code.
5. False information or deception:
   • If one of the spouses hid important information (for example, their marital status or nationality).
   • It is governed by the general principles of good faith in civil law.
6. Fictitious marriage:
   • Marriage concluded solely for the purpose of obtaining a residence permit or other benefits.
   • Article 146bis of the Civil Code.

Annulment in Belgium is a complex legal procedure that requires careful consideration of the circumstances and compliance with the law. The main provisions on annulment are set out in the Civil Code, which regulates the grounds and procedures for recognizing a marriage as invalid. You can apply for annulment through the court, providing evidence of violations. Given the serious consequences of this procedure, it is recommended to consult a lawyer.

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Interesting fact: an annulled marriage is considered invalid from the moment it was concluded, but this does not always release the spouses from their obligations if they have children.

Conditions for annulment of marriage in Belgium

Marriage annulment in Belgium is a complex legal procedure that is only applied in strictly defined cases by law. The main purpose of annulment is to declare the marriage invalid from the moment it was concluded. Divorce law in Belgium highlights specific grounds that may be the basis for such a decision. Understanding the conditions and rules will help avoid legal complications in the future.

How to prove grounds for cancellation:

1. Documents and official certificates:
   • Court decisions or orders confirming the existence of another marriage.
   • Medical certificates of incapacity at the time of marriage.
   • Documents proving the fictitious nature of the marriage (e.g. correspondence, witness testimony).
2. Witness statements:
   • Testimonies of people who can confirm the fact of forced marriage.
   • Witnesses confirming the falsification of documents or concealment of important facts.
3. Expert opinions:
   • Results of a psychological examination proving pressure or manipulation during marriage.
   • Verification of the authenticity of documents through notary or migration authorities.
4. Police or immigration reports:
   • Protocols on the investigation of a fictitious marriage.
   • Reports proving the illegal presence of one of the spouses in the country.

An application for annulment of a marriage can be filed by spouses whose rights were violated during its conclusion, or third parties whose interests are directly affected by this marriage. This can also be done by a prosecutor in the interests of the state. It is important to remember that each case is individual, so a consultation with a lawyer is necessary. The sooner the process is started, the higher the probability of a successful outcome.

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Tip: In Belgium, annulment requires careful preparation of evidence, so gather all the documents in advance and enlist the help of a specialist.

The process step by step

The process of marriage annulment in Belgium requires a careful approach, as it includes several mandatory stages. It is important to consider legal aspects, prepare all necessary documents and follow established procedures. Knowing the exact sequence of actions helps to reduce time and avoid unnecessary difficulties. In this section, we will consider the step-by-step process of marriage annulment in Belgium.

Preparatory stage:

1. Gather personal documents: identification (ID), marriage certificate, and any supporting documents about the reason for the annulment (for example, evidence of fraud or violation of the law during the marriage).
2. Consult a lawyer specializing in family law in Belgium to determine the grounds for annulment and the chances of success.
3. Check the legal requirements depending on your region ( Wallonia, Flanders or Brussels).
4. Prepare a financial plan, as the process may require payment of government fees and attorney fees.

The step-by-step process of marriage annulment in Belgium in detail:

1. Apply to the court of first instance ( Tribunal de premiere instance / Rechtbank van eerste aanleg ), which deals with family matters.
2. File a petition for annulment of the marriage, stating the reason. Grounds may include:
   • Serious violations of the law when concluding a marriage.
   • Fraud, misleading one of the spouses.
   • Forced marriage.
3. Please attach the following documents:
   • A copy of the marriage certificate.
   • Evidence of grounds for cancellation.
   • Copies of identity cards of both parties.
4. Pay the government fee, the amount of which varies depending on the region, but is usually around 100–200 euros.
5. If necessary, seek the services of a lawyer. Their cost can start from 1000 euros for full support of the case.
6. Wait for the case to be considered. The average period is 3 to 6 months.
7. Receive a court decision. If the application is granted, the marriage is annulled from the moment of its conclusion, which means that it is legally considered invalid.

If the court refuses to annul the marriage, it is important to understand the reasons for this decision. You can appeal to the appellate court by providing additional evidence or clarifying your demands. Consulting a lawyer at this stage will help you assess the next steps and increase your chances of success. Sometimes an alternative option may be a divorce by mutual consent in Belgium if annulment is not possible.

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Important: Annulment of a marriage differs from divorce in that the marriage is considered legally to have never existed, which may affect the division of property and alimony. This should be taken into account when immigrating to Belgium.

Marriage Annulment in Belgium for Foreigners

Foreigners who have entered into a marriage in Belgium may face a number of complications in the event of its annulment. The procedure depends on the citizenship of the spouses, their place of residence and immigration status. Each situation requires a careful approach and compliance with established legal norms. Of particular importance are the documents confirming the grounds for annulment.

The immigration status of applicants plays a key role in the examination of the case. EU residents generally face fewer bureaucratic hurdles, while citizens of countries outside the EU may face the need to provide additional documentation. For example, having a residence permit in Belgium simplifies the application, while staying on a temporary visa may raise questions from the justice system.

Features of marriage annulment for citizens of other countries:

1. Documents:
   • A copy of the marriage certificate.
   • Passport and residence permit (if available).
   • Documents supporting the grounds for cancellation (e.g. evidence of fraud, duress or incapacity).
   • Translation and notarization of documents if they are issued outside Belgium.
2. Where to apply:
   • For EU citizens: to the court of your place of residence in Belgium.
   • For citizens of countries outside the EU: to the court corresponding to the place of registration of the marriage or residence of one of the spouses.
   • An alternative option is the consulate of your country in Belgium (in some cases).
3. Cost of service:
   • The state fee for filing an application is approximately 200 euros.
   • Additional costs: notary services, translator, legal consultations in Belgium – from 500 to 1500 euros depending on the complexity of the case.
4. Waiting time:
   • The standard period for consideration of a case is from 3 to 12 months.
   • If there are complex circumstances or insufficient documents, the process may take longer.

Legal procedures in case of marriage annulment for foreigners can be quite complicated. Consultations with an experienced lawyer help to avoid mistakes in paperwork and speed up the process. The specialist will also tell you how to act in non-standard situations and minimize possible risks. This approach allows you to effectively cope with the annulment process even in the most difficult cases.

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Important: If there are children in the marriage, the court pays special attention to issues of custody and parental responsibilities, even if the marriage is annulled.

Rights and obligations after marriage annulment

After the annulment of a marriage in Belgium, the spouses retain a number of rights and obligations that are regulated by the country’s legislation. It is important to understand that the annulment of a marriage does not always mean a complete release from obligations, since in some cases it is necessary to settle issues related to children, property and financial obligations.

1. Rights of former spouses after marriage annulment:
   • Right to property division. If a marriage is annulled, the division of property may be carried out in accordance with an agreement between the spouses or on the basis of a court decision on the annulment of the marriage. In the absence of an agreement, the court will decide on a fair division of property, including jointly acquired property.
   • Right of inheritance. In the event of annulment of a marriage, spouses lose each other’s rights to inherit, unless specific wills or other legal acts were made within the framework of the annulled marriage confirming these rights.
   • Right to alimony. If one of the spouses is in a difficult financial situation, he or she may have the right to alimony from the other ex-spouse. However, the court makes a decision on alimony based on various factors, such as the financial situation of both parties and the length of the marriage.
   • Right to compensation for moral damages. In some cases, when the annulment of a marriage is due to fraud, violence or other violations of rights, a spouse may file a claim for compensation for moral damages.
2. Obligations of former spouses after marriage annulment:
   • Responsibilities towards children. If the couple has children, custody and maintenance decisions will be made by the court. The court will usually try to preserve the best interests of the child, which may include an order for joint custody or the appointment of one parent as the primary guardian. In any case, both parents have a duty to care for the child’s well-being and provide for its material needs.
   • Child support obligations. If the court finds that one parent cannot fully provide for the needs of the children after the annulment of the marriage, that parent may be required to pay child support. Education, medical care, and other expenses related to raising children may also be required.
   • Financial responsibility. The court may oblige one of the spouses to pay alimony in the event of financial dependence of the other former spouse. In some cases, obligations to compensate for expenses related to moving or finding a new home may also be established.
3. Division of property after annulment:
   The division of property depends on the property regime that was in force during the marriage. There are different models of legal regime in Belgium that may influence the results of the division. The most common options are:
   • Joint property. All property acquired during marriage is divided equally, regardless of who it was registered to.
   • Separate property. Each spouse retains the right to property acquired before or during marriage using personal funds.
   • Mixed property. In this case, the property acquired during the marriage is divided depending on the agreement of the spouses or a court decision.
4. Financial impact of an annulment:
   An annulment can have financial implications, especially if one spouse is seeking alimony or property compensation. There may be significant changes to taxation, eligibility for social security benefits, and access to pensions and insurance. It is important to consider all aspects of the process carefully to avoid surprises.
5. Impact of annulment on legal status. An annulment may affect the legal status of the spouses, including their rights to citizenship, residence permits or other documents depending on their immigration status in Belgium. In some cases, it may be necessary to re-apply for the registration or change of status.
6. Procedure for seeking legal assistance:
   • Legal Advice: It is important to consult with an attorney to understand the legal implications of an annulment, especially if children, significant assets, or immigration issues are involved.
   • Court proceedings. In the event of disputes or if one of the parties does not agree with the decision on the division of property or alimony, it will be necessary to go to court to resolve the conflict.

Features for foreign citizens. For citizens of other countries, the process of marriage annulment in Belgium may be more complicated. Particular attention should be paid to the issue of legalization of documents submitted outside Belgium, as well as compliance with immigration laws. In such cases, it is recommended to work with lawyers who have experience working with foreign citizens.