How do I get divorced?
You can divorce in two ways, both via the family court: by mutual consent, or for irretrievable breakdown. In divorce by mutual consent (EOT), you draw up in advance a full written agreement on everything: the divorce itself, the division of assets and debts, the home, the children and any maintenance. If there is real estate, a notary is involved. This route is faster. In divorce for irretrievable breakdown (EOO), the breakdown is presumed after a factual separation of more than 6 months (joint request) or 1 year (unilateral), or immediately if you prove it. Everything goes via the family court; a notary handles the liquidation-division of the assets. New since 2025: the mutual-consent agreement must expressly state how you took your minor children's interests into account. Legal separation still exists, but does not dissolve the marriage.
📋 The rules
- Two routes, both via the family court (law of 27 April 2007)
- Mutual consent (EOT): a full written agreement on everything; a notary if there is real estate
- Irretrievable breakdown (EOO): presumed after 6 months of factual separation (jointly) or 1 year (unilaterally), or immediately if proven
- A notary handles the liquidation-division if there is real estate
- Since 2025: the mutual-consent agreement must state how the minor children's interests were considered
- Legal separation still exists, but does not dissolve the marriage
🔓 Exceptions
- For a mutual-consent divorce where you have not yet been factually separated for 6 months, the prosecutor first gives an opinion
- The judge can summon the parties, especially if suspecting the agreement harms the minor children
- Since 2025 the mutual-consent agreement must expressly state how the interests of the minor children were taken into account
⚠️ Penalties & fines
This is not a fines matter: it is about the procedure — and what it costs in time and money. As long as you don't agree on everything (assets, debts, the home, the children, maintenance), a mutual-consent divorce cannot go through and only the irretrievable-breakdown route remains, with its 6-month or 1-year wait. Expect court and registration costs, your lawyer's fees and, as soon as real estate is involved, a notary for the liquidation-division of the assets. An irretrievable-breakdown divorce is only pronounced once the legal conditions are met.
📎 Official sources
- Belgium.be · divorce →
- Justice.belgium.be · irretrievable breakdown (conditions) →
- Wikifin (FSMA) · divorce by mutual consent →
❓ Frequently asked
What routes are there to divorce?
Two: by mutual consent, where you agree everything in writing in advance — assets, debts, the home, the children — and for irretrievable breakdown. Both run through the family court.
How long must I be separated for an irretrievable-breakdown divorce?
The breakdown is presumed after 6 months of factual separation for a joint request, or after 1 year for a unilateral request. If you can prove the breakdown, it can be immediate.
Do I need a notary?
For a mutual-consent divorce with real estate, yes: the notary draws up the deed settling the property. For an irretrievable-breakdown divorce, a notary handles the liquidation-division of the joint assets.
What does a divorce cost?
Expect court and registration costs, your lawyer's fees and, if there is real estate, the notary's. A mutual-consent divorce you agree on quickly is generally the cheapest route by some distance.
Does legal separation still exist?
Yes, but it does not dissolve the marriage: it relaxes the duty to cohabit and separates the assets, but you stay married and cannot remarry. It is little used today.
🔎 Common searches
What people search to land here:
- “divorce procedure belgium”
- “divorce by mutual consent”
- “irretrievable breakdown period”
- “family court divorce”
- “legal separation belgium”
- “cost of divorce notary”