Choosing domicile at your lawyer’s address

What does “choosing domicile at your lawyer’s office” mean?

Choosing domicile at your lawyer’s office means that you elect to have all notifications and service of documents related to a legal procedure sent to your lawyer’s address. However, this chosen domicile serves only as an alternative option for notification — it is not mandatory to use it. For example, a bailiff is not strictly required to serve documents at the chosen address of your lawyer.

There used to be a major exception to this principle of alternative notification: when a party had chosen domicile in Belgium but had their actual residence or habitual place of stay abroad, the chosen Belgian address had to be used for service of documents. This requirement was considered a matter of public order.

However, following a change in the law in 2018, this obligation was removed. Now, the chosen domicile remains purely optional, regardless of whether the party resides abroad or not.

Legal basis

The legal basis for choosing domicile is found in the Judicial Code. Article 39 of the Belgian Judicial Code states that when the addressee has chosen a domicile with a representative, service and notification may be carried out at that chosen address. This article confirms that the chosen domicile offers an alternative option for service and notification.

Why choose domicile at your lawyer’s address?

1. Privacy Protection: Choosing domicile at your lawyer’s office helps protect your privacy. For example, in divorce proceedings, it can be particularly unpleasant if legal documents are delivered to your home address — especially if you are still living with your (ex-)partner.
    
2. Convenience for Foreign Nationals: For foreigners involved in legal proceedings in Belgium, choosing domicile can be especially useful. It avoids the need to send certain correspondence internationally, which can otherwise impact deadlines and response times.
    
3. Safety Considerations: In some cases, choosing domicile is essential — particularly when disclosing your home address could endanger your safety. This is relevant, for example, in cases involving drug-related matters.

What is the difference between a chosen domicile, legal domicile, and reference address?

The concepts of chosen domicile, legal domicile, and reference address are often confused, but each has its own meaning and legal consequences.

A chosen domicile applies within the context of a specific legal procedure, whereas a legal domicile refers to a person’s official place of residence. Choosing a legal domicile requires registration with the municipality, while choosing domicile at your lawyer’s office does not. Therefore, if you choose domicile at your lawyer’s address, your legal domicile does not change. As a result, this choice does not affect your taxes or social rights, which would be the case if you changed your legal domicile.

A reference address, on the other hand, is an administrative address for people without a fixed residence. For example, a homeless person may use the Public Centre for Social Welfare (OCMW/CPAS) as a reference address. They are registered in the population register, but are not considered a resident at that address.