Getting married in Belgium: conditions and procedure

In Belgium, two people can get married provided that at least one of the future spouses meets one of the following conditions:

• Being a Belgian national
• Being domiciled in Belgium
• Having habitual residence in Belgium for more than 3 months

Good to know Same-sex marriage is recognised and authorised in Belgium. Habitual residence is a factual concept, independent of the legality of the stay. It can be proven by any legal means: lease agreement, invoices, administrative documents, etc.

The different stages of the marriage procedure

Marriage declaration

This must be done at the municipality where one of the future spouses is registered (population register, foreigners’ register or waiting register). At this stage, you will need to provide the documents required by the administration:

• Proof of identity (identity card, valid passport)
• Birth certificate: legally recognised by Belgium, official translation if necessary, apostilled or legalised depending on the country of origin
• Proof of single status or certificate of no impediment to marriage: to be obtained from the country of origin, required to prove that you are not already married
• Proof of nationality
• Proof of residence: residence certificate or lease, invoices, documents proving habitual residence in Belgium (if applicable)
• Proof of legal stay (if one of the spouses is a foreign national)
• Evidence of the relationship (in certain cases, to prevent so-called « sham » marriages): photos, message exchanges, travel records, etc.

Good to know The exact list may vary slightly from one municipality to another. Some may require additional documents or very recent originals (less than 6 months old, for example).

Acknowledgement of receipt

Once your file is complete, the civil registrar issues an acknowledgement of receipt. The declaration is then drawn up within the following month.

Document verification

If there is any doubt as to the validity or authenticity of the documents, the civil registrar may delay the declaration by up to 3 months. If the documents are deemed incomplete or non-compliant, a reasoned refusal is notified. An appeal may be lodged with the Court of First Instance within the month following the notification.

Legal cohabitation: a recognised alternative

Legal cohabitation is defined by Article 1476 of the Civil Code as a formally declared cohabitation arrangement between two persons (of the same sex or not).

Conditions for declaring legal cohabitation

To register a legal cohabitation, you must:

• Be at least 18 years old
• Not be married, nor already in a legal cohabitation with another person
• Freely consent to the cohabitation

The declaration is made to the civil registrar of the municipality of joint residence and may also be terminated by a new declaration.

Verification, refusal and possible appeals

As with marriage, checks may be carried out by local authorities. In the event of a refusal of registration or celebration, or if an annulment is requested by one of the parties or by the administration, you have the right to lodge an appeal before the Family Court.

How our firm can help you

We assist future spouses or cohabitants at every stage:

• Preparation of the marriage or legal cohabitation file
• Filing of the residence application after the union or declaration
• Appeal against a refusal of celebration or registration
• Legal defence in case of an attempted annulment of the marriage or cohabitation