A prenuptial agreement in Belgium is an important legal instrument that helps spouses agree in advance on the terms of distribution of property and other rights in the event of divorce or disagreement. Despite its necessity, many do not know how and why to conclude one. In Belgium, a prenuptial agreement is an integral part of family law, and its terms vary from situation to situation. In this article, we will consider how to conclude a prenuptial agreement in Belgium, what benefits it can provide and who needs it.
Types of marriage contracts in Belgium
A marriage contract in Belgium is an important legal instrument that allows spouses to determine in advance how their property will be distributed in the event of a divorce or other life circumstances. Such a contract can protect the interests of both spouses, ensuring their financial security. There are several types of marriage contracts in Belgium, each suitable for different situations.
Types of Belgian marriage contracts:
- Separate property. In this case, each spouse retains full ownership of the property they acquired before or during marriage. In the event of divorce or other changes in life, the property is not divided, and each spouse takes only what belongs to them. This is a convenient option for those who want to maintain their financial independence and protect their personal property from possible claims by their partner.
- Community of property. In this case, all property acquired by the spouses during the marriage becomes community property. This means that in the event of a divorce or breakup, the property is divided equally, regardless of who acquired it and how. This regime is suitable for those who want to have a common family budget and do not consider personal property as something separate. It is also important to ensure fairness in divorce.
- Mixed system. This type of contract combines elements of both separate property and community of property. The spouses can choose what will be common and what will remain personal. For example, it is possible to agree that property acquired before marriage will remain personal, and property acquired during marriage will be divided. This approach allows for the most flexibility in taking into account the interests of both parties.
- Flexible contract. A flexible contract gives spouses the opportunity to change the terms of the marriage contract in the future depending on changes in their lives. For example, when children are born, when jobs change, when financial situations change, or when other circumstances arise, spouses can revise the terms of the division of property. This is one of the most flexible and adaptive types of marriage contracts, which allows spouses to adjust the contract taking into account changes in their lives.
- Pension contract. This contract helps regulate the spouses’ rights to pension payments after a divorce. In Belgium, the pension system is often different for each spouse, and this contract allows each of them to be guaranteed a certain amount in retirement in the event of a divorce or separation. This is an important element for those who want to secure their financial future and have a clear idea of their pension payments.
Each of these types of marriage contracts has its own characteristics, and spouses can choose the one that best suits their needs and life circumstances.
In Belgium, marriage contracts are regulated by a number of laws, such as the Belgian Civil Code. These laws allow spouses to choose the property regime that best suits their interests. It is important that the contract is drawn up correctly, taking into account all legal requirements, to avoid problems in the future.
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Advice: if you decide to enter into a marriage contract, be sure to consult a lawyer to ensure it is properly drawn up and takes into account all the nuances.
Conclusion procedure
Concluding a marriage contract in Belgium is an important step for couples who want to clearly define the legal aspects of their union. The procedure requires several formalities, from preparing the necessary documents to visiting a notary. In this section, we will look at all the steps that must be taken to conclude a marriage contract in Belgium.
Stages of concluding a marriage contract:
- Preparing documents. To enter into a marriage contract, you need to collect a number of important documents. First, each spouse must provide a valid passport or ID card confirming their identity. If one of the partners has property or debts, you will need to provide documents confirming their status. For example, bank statements, lease agreements, real estate or car documents. You will also need information about any other financial obligations, such as loans or mortgages.
- Contact a notary. In Belgium, a marriage contract must be drawn up by a notary. Not only will he or she draw up the document, but he or she will also ensure that the terms of the contract comply with Belgian law. Before visiting a notary, it is advisable to discuss the terms of the contract with a lawyer to understand what options are available for regulating financial matters, such as how to distribute property in the event of a divorce. The website of the Belgian Chamber of Notaries ( notaire.be ) contains a list of notaries working in your area. It is important to make an appointment in advance, as the notary may be busy.
- Cost of the service. The cost of notary services depends on the complexity of the marriage contract and the region where it is being executed. On average, you will have to pay from 150 to 500 euros to execute a marriage contract in Belgium. However, if the contract contains non-standard provisions or includes complex financial agreements, the price may be higher. It is also worth considering that the cost may differ by region, since in large cities notary services may be more expensive than in rural areas.
- Waiting time. The waiting time depends on the complexity of the contract and the notary’s workload. Typically, the process takes from a few days to two weeks. Once all the documents have been prepared and discussed with the notary, the process of drawing up the marriage contract itself may take several hours, but the document becomes legally valid only after the notary has certified it with his signature. Waiting time may also increase if it is necessary to obtain additional documents or consult with other specialists, such as a lawyer.
The notary plays a key role in the process of concluding a marriage contract in Belgium. He not only draws up the document, but also checks that it complies with the provisions of the law. Going to a notary ensures that the marriage contract is legally valid and protected. This refers to the legal aspects of marriage.
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Tip: If one of the spouses does not speak one of the official languages of Belgium, it is recommended to provide a translation of all documents to avoid misunderstandings during the process of concluding the marriage contract.
Rights and responsibilities of spouses
When concluding a marriage contract in Belgium, spouses can establish in advance their rights and obligations depending on the chosen regime. These rights may differ depending on the type of marriage contract they choose. Often, in the event of divorce or other legal disputes, it is these conditions that determine how property will be divided and what obligations each party will have. This must be taken into account when making commitments in marriage.
Rights and responsibilities:
- Separate property regime:
- Each spouse retains the right to their own property.
- During a divorce, there is no division of property belonging to only one spouse.
- Responsibilities for supporting the family and children are divided according to specific agreements.
- Joint property regime:
- All property acquired during marriage becomes common property.
- In the event of a divorce, property is divided equally unless otherwise specified.
- Spouses are obliged to support each other financially and bear common expenses.
- Special contract mode (for example, taking into account individual conditions):
- The ability to tailor the terms of the contract to specific circumstances (for example, one party may receive more in the event of a divorce if they were not employed).
- Special conditions may apply to debts, personal deposits and inheritances.
- A more flexible structure is expected compared to other regimes.
- “No property” mode:
- Each spouse retains full rights to their own property.
- In the event of a divorce, there is no division of property, even if it was acquired jointly.
- Both spouses retain obligations to raise children and fulfill other obligations stipulated in the contract.
The legal framework for marriage contracts in Belgium is governed by the Belgian Civil Code, in particular Articles 1387–1399. These articles set out the basic principles and rules regarding the conclusion of marriage contracts, the distribution of property and the rights of spouses. It should also be taken into account that changes in legislation may affect the terms of the marriage contract, which is important when drafting it.
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Tip: It is important to consult with a lawyer when drafting a prenuptial agreement to avoid any unpleasant surprises in the future.
Alternative to a marriage contract
In Belgium, in addition to the marriage contract, there are several alternative forms of regulation of the rights and obligations of spouses. Each of them has its own characteristics and is suitable for certain cases, depending on what rights the spouses want or do not want to establish towards each other.
Alternatives to a prenuptial agreement:
- Civil marriage and its features. Civil marriage in Belgium is a legally recognized union, concluded without the need for a marriage contract. It is an agreement between two people that automatically regulates their rights and obligations as spouses, including property ownership, debts and responsibilities towards children. For example, in the event of a divorce, spouses in a civil marriage will divide property equally, unless they have entered into a contract that would otherwise determine this process. Civil marriage also provides rights to social security, pensions and other benefits. However, it is important to remember that, unlike a marriage contract, which allows spouses to individually regulate these issues, civil marriage sets standard rules that may not suit everyone.
- Joint ownership of property without a contract. If the spouses have not entered into a prenuptial agreement, they automatically become joint owners of all property acquired during the marriage. This means that any property, whether real estate, cars or other valuables, will be divided equally in the event of a divorce, unless proven otherwise. However, in practice, complications may arise if one of the spouses uses the property without the consent of the other, or if one of the purchases was made with the personal funds of one of the spouses. For example, if one spouse bought a car with their savings, but during the course of cohabitation it became part of the joint property, the court may rule on its division. In such a case, legal complications may arise, which are often resolved with the help of a prenuptial agreement.
- Oral agreements: risks and limitations. Oral agreements between spouses regarding the division of property or distribution of responsibilities may seem like an alternative to a marriage contract, but they carry significant risks. Such agreements are not legally binding unless they are formalized in writing and can be challenged in court. For example, if one spouse promised the other that all property would belong to him or her, but later this promise was broken, without evidence in the form of a document, the spouse will not be able to protect his or her rights. Oral agreements often lead to conflicts and controversial situations, especially during divorce, when it is necessary to prove the terms of the agreement.
Example: If a couple decides that after purchasing a house, one of them will pay all the debt and the other will do the renovation, without documentation of these terms, problems may arise in the event of a disagreement or divorce.
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Alternatives to a marriage contract in Belgium offer different approaches to regulating the rights and obligations of spouses. However, it is important to remember that each of these options has its own characteristics and risks associated with the legal consequences in the event of a divorce or other changes in the life of the spouses. Before choosing one of the alternatives, it is recommended to consult a lawyer to understand which option will be most suitable for your case and how to avoid possible legal conflicts in the future.
