Same Sex Marriage in Belgium

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Same Sex Marriage in Belgium

On 30 January 2003 Belgium became the second country in the world to legally recognise same-sex marriages. Legislation now allows any gay or lesbian couple to marry in Belgium regardless of their nationality as long as one of them has lived in Belgium for at least three months.

The parties to a same-sex marriage have more rights than cohabiting couples and almost the same rights as a married heterosexual couple with regard to property and pension benefits.

As with heterosexual marriages, marriage can take place as long as both parties have reached eighteen years of age. (The age of consent in Belgium is sixteen for gay, lesbian and heterosexual relationships but permission to marry before age eighteen is rarely given by the courts).

Since April 2006 a same-sex couple have also been permitted to adopt children and any children born to a same-sex couple can be affiliated to the non-biological parent by means of adoption.

Documentation & Requirements for Marriage

All documentation needs to be taken to the marriage office in the commune where at least one of the couple lives. For many people this office will be part of the Service de l'Etat Civil/ de Burgerlijke Stant and may be located in the municipal buildings of the Town Hall (Maison Communale/Stadhuis).

Original or certified copies (not photocopies) of the following documents are required:

• Birth certificate for both parties
• Certificate of residence, showing full name, place and date of birth, last legal residence, nationality and marital status for both parties. Anyone who is not a Belgian resident must obtain their certificate from the authorities in their last place of residence. If this is not possible (the US authorities do not issue such documents, for example) then ask the local Belgian authorities what is accepted 
• If a partner in a same-sex marriage has been married previously (in a heterosexual or same-sex marriage) divorce certificates giving the date of the official cessation of that marriage will also be needed

Certificates and certified copies can often be obtained via the relevant embassy in Belgium for payment of a fee. All official documents issued in a country other than Belgium need to be authenticated and if they are written in a language other than Dutch, French or German, they must be accompanied by a translation from an approved translator. Embassies in Belgium can provide further details.

The Marriage Ceremony

The marriage takes place in the municipality where one or both parties were resident at the time that the marriage was announced.

Belgian law only recognises the validity of a civil ceremony and the only authority with the power to celebrate a legal marriage is the office of the state via the local municipality (Ambtenaar van de Burgerlijke Stant/ Officier de l'Etat Civil).

Civil marriages take place at the Town Hall. At certain times and on certain days no charge is made for this service. On completion of the civil ceremony the marriage is recorded in the register of civil status at the Town Hall and the newly-weds are issued with a marriage booklet. This acts as the legal proof of their status as a same-sex married couple.

Recognition of the Marriage outside Belgium

As few countries have so far legalised same-sex marriages, it may be that a Belgian marriage is not recognised in a foreigner's country of origin. Certainly the US government and the majority of US states have passed laws denying recognition of marriage licences held by same-sex couples. However, Canada recognises a same-sex marriage, as does the UK.

Cohabitation Contract

The Cohabitation Contract is another partnership arrangement for heterosexual and same-sex couples.

Couples who wish to have their partnership recognised can do so via a Cohabitation Contract. A notary will draw up the contract and it can then be entered into the population register in the place of residence.

The couple share responsibility for joint expenses incurred in the course of their daily lives and benefit jointly from any assets acquired during their partnership. However, they remain separate individuals for tax and social security purposes.

The Cohabitation Contract can be terminated at any time by agreement between the partners or by one partner alone instigating it. Legal involvement is usually only necessary if there is a dispute over property. The contract is also terminated if either party marries or dies.

Many same-sex couples who previously had a Cohabitation Contract have quickly moved to enter into a same-sex marriage because of the additional rights it confers on both parties.

Further Information

• AngloINFO INFOrmation Page Getting Married in Belgium
• EURES - European Union Website 
• Belgian Government website
• Gay and Lesbian Association Belgium 
• English Speaking Gay Group Brussels (EGG) 
• Gay Times
• Gayworld Belgian gay site (in Dutch) 
• UK Lesbian and Gay Immigration Group