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03/09/2024
11/08/2019

What is a divorce?

What is a divorce?

Divorce is a method by which marriage is terminated. In Belgium, one can only divorce out of wedlock through the intervention of a judge, who pronounces the divorce. There are two grounds for divorce:

  • the divorce by mutual consent
  • the divorce on grounds of irretrievable disruption of the marriage

There used to be as many as five different grounds for divorce. In 2007, divorce law was liberalised and the grounds for divorce were limited to two.

After a divorce (by mutual consent or on the grounds of irretrievable disruption of the marriage), the effects of the marriage will continue. It is only the marriage in itself that disappears. Divorce has significant consequences for the parties' assets, children and joint property.

Divorce by mutual consent

Divorce by mutual consent takes place when the partners both agree on the principle of divorce. It is necessary that the parties agree on all the consequences of the divorce.

Divorce on grounds of irretrievable disruption of marriage

Irretrievable disruption is an overarching legal ground to obtain divorce. To obtain divorce on the grounds of irretrievable dislocation, one must prove that the marriage no longer forms an enduring community of life. In a divorce by mutual consent, one will have to agree on the failure of the marriage and the consequences of the divorce.

Do you have questions about divorce or want to get divorced?

If so, feel free to contact the lawyers at Wanted Law. The team at Wanted Law is ready to advise and assist you.

We believe that the law should be accessible to everyone. That is why we already provide a lot of high-quality information via our website. If you still cannot find the answer on our site, please do not hesitate to contact us.

Read all about divorce on grounds of irretrievable breakdown of the marriage

Read all about divorce by mutual consent

Disclaimer

The information on legal topics that you will find in this contribution is purely informative, general discussions and can in no case be considered as legal advice. Wanted Law accepts no liability for any damage that someone may suffer by relying on this information. If you want legal advice, you should contact a qualified lawyer who will advise you based on your personal situation. All blog posts published on the Wanted Law website are written in accordance with Belgian law.

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