Getting Married in Belgium

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Getting Married in Belgium

In Belgium a marriage between two people can take place as long as they have both reached eighteen years of age. Minors over the age of sixteen may get married only with the consent of their parents and permission from the courts. Or they may appear before a court themselves to ask for permission to marry without their parents' consent. Permission will only be granted in extreme circumstances, for example, pregnancy.

At least one of the couple must be resident in Belgium. There is no minimum period of residence but several weeks are usually required in order for all the formalities to be carried out.

If neither party is permanently resident in Belgium, temporary residency can be established for the purpose of getting married. On arrival in the country at least one party must register with the local authorities (at the Town Hall) in the district of residence and ask for a Certificate of Residence for Marriage Purposes (Certificat de Domicile pour mariage/Bewijs van Woonst voor Huwelijksdoeleinden).

The country of origin of both parties is irrelevant as long as one party fulfils the residency requirement and all the necessary paperwork is supplied.

Documentation and Requirements for Marriage

All documentation needs to be taken to the marriage office in the commune where at least one of the couple lives. This office will be part of the Service de I'Etat Civil/ de Burgerlijke Stant and can be found in the municipal buildings of the  Town Hall (Maison Communale/Stadhuis).

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

• Birth certificates for both parties
• Certificate of residence, showing full name, place and date of birth, last legal residence, nationality and marital status for both parties. A person 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 they will accept instead
• If either party has previously been married they must provide a copy of the final divorce decree (or death certificate of the former spouse if widowed). Any divorce decree must show the date on which the divorce became final. If not, the court that pronounced the divorce must provide a statement giving this additional information

Once the documents have been delivered, the relevant registrar in Belgium draws up the official copy of the marriage notice form (acte de déclaration de marriage/akte van aangifte van het huwelijk).

Certificates and certified copies can often be obtained via the relevant embassy in Belgium. 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. If the translation is not undertaken in Belgium, the translator's signature will require authentication.

American citizens who are members of the US Armed Forces will also need permission to marry from the military authorities.

Citizens from outside the EU may be asked to provide a certificate of law from their embassy, which details the marriage laws in their home country. 

The Marriage Ceremony

The marriage will take place in the municipality where one or both parties were resident at the time that the marriage was announced. A declaration of marriage is posted on the door of the Town Hall. The marriage ceremony will take place a minimum of fourteen days after the declaration of marriage. 

Officers at Embassies and Consulates do not have the authority to perform marriages for their own nationals.

Belgian law only recognises the validity of a civil ceremony. A couple may choose to follow the civil service with a religious ceremony if they wish but it will have no legal significance. The only authority with the power to celebrate a legal marriage is the office of the state via the local municipality (Officier de l'Etat Civil/Ambtenaar van de Burgerlijke Stant).

Civil marriages take place at the Town Hall in the presence of two witnesses. 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 married couple.

Non-Belgians marrying a Belgian citizen do not automatically become Belgian nationals themselves, although they can apply for Belgian nationality following the marriage.

Marriage Contracts

Marriage contracts are common in Belgium in order to specify how property is to be held. A notary draws the contract up before the civil service and the attestation of the contract is presented at the ceremony. If there is no contract then the marriage is termed a marriage mariage a régime légal/huwelijk onder wettelijk stelsel. This means that property held before the marriage and any inheritance remains the property of the individual. Any property or monies that come to the couple during the course of their marriage is held jointly.

Recognition of the Marriage outside Belgium

For EU citizens who have married in Belgium, the marriage will normally be recognised by their country of origin. Since EU citizens have the right to freedom of movement throughout the EU, a spouse and any dependant children should have no issue with regard to immigration.

Where one or both of the partners are not EU citizens the situation varies. Canada, for example, recognises Belgian marriages, but the USA has varying laws governing marriage from one state to another and not all states will accept the validity of the marriage.

Again, if returning from Belgium to a non-EU country where only one partner is a legal resident of that country there may be immigration issues for the non-resident spouse. As the legal situation can be quite complex, contact your own embassy for advice.

Cohabiting Couples

Unmarried couples who nevertheless wish to have their partnership recognised can do so via a Cohabitation Contract. A notary will draw up such a 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. Legal involvement is usually only necessary if there is a dispute over property.

The contract is also terminated if either party marries or dies.

Further Information

• EURES - European Union Website 
• British Embassy Brussels 
• Belgian Government website 
• US Embassy Brussels 
• Brussels official site