Legal issues Belgium

Getting married in Belgium for foreigners requires the completion of certain formalities and the provision of a number of documents. The procedure involves several key steps:

 

Filing a marriage intention declaration: The first step is to submit a declaration to the civil registry in the commune where one of the future spouses resides or is registered. The declaration must be filed at least 14 days before the planned wedding date, but no earlier than 6 months before it.

 

Required documents:

   - Copies of birth certificates of both spouses. If the birth certificate was issued outside Belgium, it may need to be translated into one of Belgium's official languages (French, Dutch, or German), and also apostilled or legalized.

   - Proof of identity (passport or ID card).

   - Proof of civil status (confirmation that you are not married or that a previous marriage was dissolved).

   - A document of the right to marry, which may be required from foreign nationals to confirm that they are free to marry.

 

Marriage ceremony: After filing the declaration, the marriage can be conducted no earlier than 14 days and no later than 6 months. The ceremony is held at the town hall of the commune where the declaration was filed, in the presence of the mayor or their deputy. The presence of witnesses at the ceremony is optional but allowed (up to 4 people).

 

Special requirements for foreigners: Foreigners who are not registered in Belgium may face additional requirements, including the need to provide extra documents and go through a legalization process. In some cases, proof of residence in Belgium for a certain period before the marriage may be required.

 

The process may vary depending on the commune, so it is recommended to contact local authorities in advance to obtain accurate information and the necessary forms. In case of refusal to register the marriage, there is an option to appeal to the court of first instance within a month.

 

For more detailed information, it is recommended to contact local authorities or legal consultants specializing in international family law.

In Belgium, registering the birth of a child is a mandatory procedure, and it must be completed within 15 days after birth. Here are the main steps and important information about the registration process:

 

Where to file the application: Registration is carried out at the civil status department of the commune where the child was born. If the child was born in a hospital, in some communes, registration is possible right in the maternity ward, which is equivalent to registration in the municipality and ensures the authenticity of the document.

 

Required documents:

   - Birth certificate issued by the hospital or midwife.

   - Parents' identity documents (e.g., ID card or passport).

   - Marriage certificate (if applicable) or paternity acknowledgment (if parents are not married).

 

Choosing a name: Parents are free to choose the name of the child, however, municipal authorities may reject a name if it causes confusion (e.g., a name of the opposite sex), is offensive, or may harm third parties. If the name is rejected, parents can appeal in the civil court.

 

Obtaining the birth certificate: After registration, you will receive several copies of the birth certificate. These documents are necessary for applying for child benefits, registering the child in the healthcare system, and other administrative procedures.

 

Notification of birth: If the child was not born in your residential commune, the civil status department of the child's birthplace will notify local authorities at your place of residence.

 

The process of registering a child's birth is important for obtaining all social and medical benefits, as well as for processing the child's documents.

 

Registration of a foreign child's birth

Registering the birth of a child if one or both parents are foreigners has a few particularities in Belgium:

 

Documents confirming the citizenship of the parents:

   - In addition to standard documents (birth certificates, identity documents), foreign parents must provide documents confirming their citizenship. This may include a passport and a residence permit in Belgium.

   - If one of the parents is not a citizen of an EU country, additional documentation may be required, such as confirmation of family status or a residence permit in the country.

 

Translations and legalization of documents:

   - Documents issued outside of Belgium must be translated into one of the official languages of Belgium (French, Dutch, or German) and, in some cases, legalized. The translation must be performed by a sworn translator, and their signature legalized in a local court or competent authorities.

 

Assignment of surname and first name:

   - In the case where the parents have different nationalities, the assignment of the child's surname and first name may be regulated by the legislation of both countries. It is important to note that Belgian authorities may refuse to register a name if it contradicts local norms.

 

Obtaining citizenship:

   - A child can automatically obtain Belgian citizenship if at least one parent is a Belgian citizen. If both parents are foreigners, the child may obtain citizenship according to the rules of the parents' country of citizenship or by applying for naturalization in the future.

 

Registration of birth abroad:

   - If the child was born outside of Belgium, the process of registration and recognition of birth may include additional steps, such as legalization of the birth certificate and its translation. These actions are also necessary to recognize citizenship and to process documents in Belgium.

Registering your own business in Belgium requires completing a series of administrative procedures and meeting certain conditions.

 

Choosing the legal form of the business:

   - In Belgium, there are several forms for conducting business, such as sole proprietorship, private or public limited company, and others. The choice of form depends on the scale and nature of your business, as well as the number of founders.

 

Business registration:

   - The first step in registering a business is obtaining an enterprise number, which is issued upon registration in the Crossroads Bank for Enterprises. This registration is mandatory for all types of businesses in Belgium and is conducted through one of the business windows.

 

Tax registration:

   - If your business exceeds a certain income threshold, you must register as a VAT payer. This is done through the Federal Tax Service of Belgium.

 

Social security registration:

   - All entrepreneurs are required to register in the social insurance system. This includes mandatory social security contributions and registration in one of the insurance funds.

 

Requirements for foreign nationals:

   - If you are not an EU citizen, you will need a professional card to conduct business activities in Belgium. Obtaining a card requires providing information about your business project, financial capabilities, and business experience.

 

Opening a bank account:

   - To register a business, you must open a bank account in a Belgian commercial bank. Part of the company's statutory capital must be deposited in this account before submitting registration documents.

 

After completing these steps, you can officially start your business in Belgium. It is important to remember that, depending on the type of business, additional licenses and permits may be required. In case of difficulties, it is recommended to seek advice from professionals specializing in business registration in Belgium.

Obtaining notarial services in Belgium for foreigners has a number of features that are important to consider, especially if you plan to formalize transactions or documents that have legal force both in Belgium and beyond its borders.

 

Main aspects of obtaining notarial services:

 

Choosing a Notary:

   - In Belgium, notaries perform important legal functions, such as certifying real estate transactions, creating marriage contracts, wills, gifts, and other legal acts. Notaries in Belgium are appointed by the state and are independent legal professionals.

 

Document Legalization:

   - If you plan to use notarized documents outside Belgium, they may require an apostille or legalization depending on the destination country. The legalization process in Belgium includes verifying the authenticity of the notary's signature and seal, making the documents suitable for international use.

 

Services for Non-residents and Foreign Citizens:

   - Notarial acts can be processed abroad through Belgian consulates or through a local notary in the country of residence with subsequent legalization or apostille for use in Belgium. An important point is that documents drawn up abroad must comply with Belgian legal standards and, if necessary, be translated into one of Belgium's official languages (French, Dutch, or German).

 

Process of Obtaining Notarial Services:

   - In Belgium, notary services include document drafting, verification, and certification. The process may also include electronic signature of documents, facilitating remote interaction. If you are abroad, a Belgian notary or consulate can be commissioned to prepare and certify a document remotely.

 

Features for Foreign Citizens:

   - Foreign citizens residing in Belgium or having business interests there may encounter the need to confirm their rights through notarial acts. It is important to consult a notary in advance to ensure compliance with all legal norms, including possible requirements for translations and document legalization.

In Belgium, there are two main types of divorce: by mutual consent and divorce due to irreconcilable differences.

 

Divorce by Mutual Consent

This type of divorce is considered simpler and faster, but it requires both spouses to agree to the divorce and resolve all aspects such as property division, alimony, and child custody. The couple must draft a detailed agreement regulating these issues and present it to the court. The judge, after ensuring there are no contradictions, approves the divorce. This process can take several months and is less expensive than a divorce for other reasons.

 

Divorce Due to Irreconcilable Differences

If one spouse does not agree to the divorce or an agreement cannot be reached on key issues, the divorce is filed on the grounds of irreconcilable differences. This requires providing evidence proving the impossibility of continuing the marriage. Such evidence may include proof of physical or psychological abuse, infidelity, or prolonged separation (at least six months with mutual consent or more than a year if filed by one spouse). This type of divorce process can be longer and more complex, as the court may appoint additional hearings and review all evidence before making a decision.

 

Additional Points:

- Residency: To file for divorce, at least one of the spouses must reside in Belgium.

- Cost: The cost of divorce in Belgium can range from 500 to 5000 euros depending on the complexity of the case and the need to engage lawyers.

- Child Custody: In cases where there are children, the court pays special attention to their welfare. Parents must agree on the children's place of residence and custody conditions. The court may also award child maintenance.

 

Features for Foreigners:

If your divorce process takes place in another EU country, it will be automatically recognized in Belgium. However, divorces conducted outside the EU may require additional recognition in a Belgian court.

 

Divorce in Belgium requires a careful approach and, depending on the circumstances, may require legal assistance for the successful completion of the process.

Legal Services

If you need the help of a lawyer, you can contact one of the bar associations in Belgium. There are three main bar associations in the country: the Brussels Bar, the French-speaking Bar, and the Dutch-speaking Bar. You can find a lawyer specializing in your specific issue through their official websites or by requesting recommendations. 

 

Free Legal Aid

Belgium has a system of free legal aid for low-income individuals. This type of aid is divided into two levels:

   - Primary legal aid: available to everyone without exception and includes basic consultations provided by lawyers who work on a voluntary basis. You can contact local legal clinics, justice centers, or lawyers participating in this program.

   - Secondary legal aid: includes a wider range of services, such as court representation, but is available only to those who pass a financial eligibility check.

 

Justice Centers

Justice centers offer free consultations and information on various legal issues. These centers can help you understand your rights and obligations, provide information on available dispute resolution options, and assist in preparation for court proceedings.

 

Specialized Organizations

There are also various non-governmental organizations and associations that offer legal assistance and advice on specialized issues such as migrant rights, labor disputes, consumer rights protection, and others. 

 

Online Resources

You can get initial legal advice and access to information through online platforms such as the official websites of bar associations, government portals (e.g., Belgium.be), as well as specialized legal websites.

 

Mediation

In some cases, especially involving family disputes or labor conflicts, you can use the services of a mediator. Mediators help parties reach an agreement without going to court. Mediators can be independent or court-appointed.

 

Obtaining legal assistance in Belgium is available to both citizens and migrants, but it is important to understand your rights and use the appropriate resources for effectively resolving your legal issues.

The translation of official documents in Belgium requires compliance with certain rules and standards to ensure the legal force and recognition of these documents.

 

Choosing a Sworn Translator

   - For the translation of official documents in Belgium, it is necessary to use the services of a sworn translator. These translators are accredited by Belgian courts and have the right to certify translations with their signature and seal. Translations performed by sworn translators have legal force and are accepted by Belgian authorities.

 

Legalization of Translation

   - In some cases, after the translation is completed, the document must be legalized. Legalization confirms the authenticity of the sworn translator's signature and their right to certify documents. Legalization is carried out through the Belgian Ministry of Foreign Affairs or other competent bodies depending on the requirements of the country where the document will be used.

 

Apostille

   - If the document is intended for use outside of Belgium, it may require an apostille — a special certification recognized in countries that signed the Hague Convention of 1961. The apostille confirms the authenticity of the signature, the status of the person who signed the document, and, if necessary, the authenticity of the seal or stamp affixed to the document.

 

Language Requirements

   - Depending on the municipality or region where you plan to use the translation, there may be language requirements. Belgium has three official languages: French, Dutch, and German. Document translation must be done into one of these languages depending on the region where the document will be used.

 

Types of Documents Requiring Translation

   - Official documents such as birth, marriage, and death certificates, diplomas, notarial acts, and court decisions often require translation and certification for use in various legal and administrative procedures.

The judicial system of Belgium has several features that are important for both the citizens of the country and foreigners residing on its territory. It is based on the continental legal system and divided into several levels with clearly defined competencies.

 

Structure of the judicial system

   - Constitutional Court: The highest judicial body dealing with issues related to the constitutionality of laws and regulations. This court ensures compliance with the Constitution of Belgium and can annul laws that contradict it.

   - Court of Cassation: Serves as the highest appellate court. This court only addresses questions of law and does not consider the factual circumstances of a case. Its decision can lead to the annulment of previous court decisions.

   - Courts of Appeal: Review appeals against decisions of first-instance courts. They consider both facts and questions of law.

   - Courts of First Instance: These courts are divided into civil, criminal, and family cases, as well as cases related to social security issues.

   - Magistrate Courts: Handle minor cases, such as small civil disputes.

 

Language features

   - Belgium is a multilingual country with three official languages: French, Dutch, and German. The language in which judicial proceedings are conducted depends on the region: Flanders (Dutch), Wallonia (French), and the German-speaking community. In Brussels, both languages — French and Dutch — are equal, and the choice of language depends on the circumstances of the case.

 

Mediation and alternative dispute resolution methods

   - In Belgium, mediation and other alternative dispute resolution methods are widely practiced, especially in family and labor conflicts. These methods help avoid lengthy court proceedings and allow parties to reach an agreement on mutually beneficial terms.

 

Features for foreigners

   - Foreigners involved in court proceedings in Belgium have the right to an interpreter if they do not understand the language of the court. Also, depending on the citizenship and place of residence of the parties, various international agreements and laws may apply, complicating the process and requiring special legal support.

 

Legal aid

   - Belgium has a system of legal aid for low-income individuals, allowing them to receive legal support and representation in court. This includes both initial consultation and full case support.

 

The judicial system of Belgium is characterized by a complex structure and multilingual nature, requiring participants of judicial processes to have a thorough understanding of all legal nuances and, if necessary, to engage professional lawyers for the successful resolution of cases.

Buying real estate in Belgium requires fulfilling a series of legal and administrative procedures that need to be accounted for to successfully complete the transaction. Here are the main steps and features to consider when purchasing property in this country:

 

Property search and preliminary agreement

   - The first stage includes searching for suitable property. This can be done through real estate agencies or online platforms. When suitable property is found, the buyer and seller sign a preliminary agreement. This document fixes the main conditions of the transaction, including the price, payment terms, and deadlines for completing the sale. This agreement is legally binding and may include penalties for its breach.

 

Deposit

   - After signing the preliminary agreement, a deposit is usually required, which is 10% of the property value. This deposit is held in the notary's account until the transaction is completed.

 

Legal check

   - It is important to conduct a full legal check of the property before the final signing of the contract. The notary conducts the inspection, including the examination of the legal status of the property, the presence of encumbrances or debts related to the property, and the verification of the compliance of all documents.

 

Signing the main contract

   - The final purchase agreement is signed in the presence of a notary. The notary is obliged to register the transaction in the real estate register and pay the appropriate taxes on behalf of the buyer. This process may take up to four months after signing the preliminary agreement.

 

Payment and Completion of the Transaction

   - After signing the main contract, the buyer is obliged to pay the remaining amount, including taxes and notary fees. Only after full payment does the buyer receive ownership rights to the property, and the transaction is considered complete.

 

Taxes and Fees

   - Buying property in Belgium is accompanied by the payment of several taxes, such as the registration tax (12.5% in Wallonia and Brussels, 10% in Flanders) and notary fees, which depend on the value of the property and include VAT. Notary fees usually amount to about 1-3% of the property's value.

 

Features for Foreigners

   - Foreigners can buy property in Belgium under the same conditions as locals. However, if you are not an EU citizen, additional verification of your financial solvency and the source of funds may be required. Some banks also require a residence permit in Belgium to provide a mortgage loan.

 

Expenses When Buying Property

When buying property in Belgium, the buyer incurs several types of expenses that should be considered when planning a budget:

 

Registration Tax

   - Walloon region and Brussels: The registration tax is 12.5% of the property's value.

   - Flanders region: In Flanders, the registration tax is lower and amounts to 10% of the property's value. For first home purchases, additional tax benefits may be available.

 

Notary Fees

   - Notary fees depend on the value of the property and range from 1% to 3%. These fees include payment for notary services for the preparation and registration of the sales contract, as well as other legal services related to the transaction. VAT (21%) is applied to notary services and included in the total invoice.

 

Mortgage Costs

   - If the buyer uses a mortgage to finance the purchase, the expenses increase by:

     - Mortgage arrangement fee: About 1-2% of the mortgage amount, including payment for notary services for arranging the mortgage.

     - Bank fees: A loan issuance fee, which may amount to up to 1% of the loan amount.

     - Insurance: Many banks require the borrower to take out life and property insurance to protect themselves in case of non-payment.

 

Valuation and Inspection

   - The buyer may incur expenses for property valuation to ensure its market value, as well as for an inspection to check the technical condition of the object. The cost of these services varies but usually amounts to 500 to 1,000 euros.

 

Other Expenses

   - Registration of the sales contract: Includes administrative fees for registering the contract in the cadastre.

   - Administrative fees: May include payment for document translations, legalization, and other administrative services related to the property purchase.

 

In total, the overall expenses when buying property in Belgium can amount to up to 15-20% of the property's value, including all taxes, notary fees, and additional expenses.

 

The procedure for buying property in Belgium requires careful attention and compliance with all legal norms to avoid unpleasant surprises and ensure the successful completion of the transaction.

Laws and regulations concerning guardianship and adoption in Belgium are strictly regulated and have their specifics, which must be taken into account when participating in these processes.

Child Custody

   - Guardianship is legal responsibility for caring for and making decisions regarding a minor child. In Belgium, guardianship can be granted to one of the parents, both parents jointly, or another family member if the parents are unable to fulfill their duties.

   - Joint custody is the most common form, where both parents share equal responsibility for the child, even if they are divorced or living separately. Courts usually aim to provide equal rights for both parents if it is in the child's best interest.

   - In case of disagreements between parents, custody issues are resolved in court, taking into account factors such as the child's well-being, attachment to each parent, as well as their financial and housing conditions.

Adoption

   - Adoption in Belgium is regulated by strict rules, and the procedure can take considerable time.

   - Domestic adoption is the process of adopting a child who is already residing in Belgium. The process includes several stages, such as submitting an application, psychological and social evaluation of potential parents, as well as court review of the case.

   - International adoption is a more complex process that includes adhering to both Belgian and international laws. Candidates must undergo strict scrutiny, including an assessment of their suitability as parents, and obtain permission to adopt from the child's country of origin.

   - For adoption in Belgium, candidates must meet certain criteria: they must be over 25 years old, be Belgian citizens or have permanent residence in the country. Additionally, the age difference between the adopter and the adoptee must be at least 15 years.

Features for foreigners

   - Foreigners residing in Belgium who wish to adopt a child must meet the same requirements as Belgian citizens. The process may be more complicated for citizens of non-EU countries due to additional checks and the need for permits.

   - In the case of international adoption, it should be noted that the procedure may include the laws of the child's country of origin as well as the laws of Belgium, which requires consultation with a lawyer specializing in international law.

Legal assistance

   - In Belgium, there are specialized organizations and services that assist with guardianship and adoption matters. For example, Kind en Gezin and ONE offer consultations and support to families going through these processes.