Franco-Belgian couples, French residents of Brussels and northern border workers: EU rules identify courts and law and provide recognition. Belgian divorce, property and children’s law nevertheless has its own rules; proceedings are in French, Dutch or German depending on the court.
An initial overview, not a consultation
This page outlines Belgian law and its connections with French law. It is an initial overview, not a consultation: every situation depends on specific facts and local law changes. For each case, I work with a colleague based in Belgium, who confirms these initial details for your circumstances and acts before local courts when necessary.
0 — Your situation
You live in Brussels and one spouse wants to return to France. You are French, married to a Belgian and living in Lille or Paris. You work across the border. Belgian proceedings have begun. Court location determines language: French, Dutch or German, and documents require translation.
1 — Which court?
A common Regulation. France and Belgium use Brussels II ter (Article 3) to identify divorce courts. Courts have jurisdiction notably where spouses are habitually resident, the respondent resides, the applicant has lived for a year (six months if a national), or both spouses are nationals. Several courts may have jurisdiction simultaneously. Two French nationals living in Brussels may divorce in Belgium, where they live, or France, their nationality.
In Belgium. Divorce is heard by the family court at the respondent’s domicile or last matrimonial residence; children’s cases follow their residence. The court retains later applications, and each family court has an amicable-settlement chamber.
First court seised. When two proceedings begin, the second court must stay its case and decline jurisdiction once the first court’s jurisdiction is established (Brussels II ter, Article 20). Filing dates decide priority, sometimes within a few days.
2 — Which law?
A common law. France and Belgium both apply Rome III, so the same law governs divorce whichever court hears it. Without choice: common habitual residence when proceedings begin; otherwise last common residence ending no more than a year earlier with one spouse remaining; otherwise common nationality; otherwise the court’s law (Article 8). Spouses may choose in writing the law of their habitual residence, last common residence, either nationality or the court hearing the case (Article 5). Maintenance in both countries follows the 2007 Hague Protocol, generally the creditor’s habitual-residence law. Before Belgian courts, divorce law may still be chosen by the first appearance.
International couples. Both countries apply Regulation 2016/1103 to marriages since 29 January 2019: without choice, first common habitual residence after marriage (Article 26). Earlier marriages also generally follow first common residence, but only French rules provide automatic law change after ten years in another country.
3 — Recognition
Automatic recognition. French divorce judgments are recognized in Belgium without proceedings, and vice versa (Brussels II ter, Article 30). Children’s decisions have been enforceable without exequatur since 1 August 2022 (Article 34), as are maintenance decisions (Regulation 4/2009). Matrimonial property decisions still require a declaration of enforceability (Regulation 2016/1103, Articles 44 onwards).
Belgian civil registration. French divorce is entered in the BAEC to affect Belgian civil status. The registrar checks the decision and, if seriously doubtful, may consult the Justice Ministry’s central civil-status authority. Refusal may be challenged in family court.
Divorce without a judge. French mutual-consent divorce signed by lawyers and deposited with a notary circulates in the EU, recognized with the notary’s certificate (Brussels II ter, Articles 64 to 66, Annex VIII). This differs substantially from non-EU countries.
4 — Your relationship
Belgian divorce. Divorce always requires a judge. Irretrievable breakdown is proved by any means or by over six months’ separation jointly, over a year unilaterally; otherwise a second appearance is needed. Mutual consent requires prior agreements settling property, housing, children and maintenance. Since 2024 they must explain how children’s interests guided decisions. Divorce takes effect only on civil-register entry.
Post-divorce maintenance. A spouse in need may receive it; serious fault may bar it and domestic violence excludes it. It cannot exceed one third of the debtor’s income or, except exceptionally, marriage length. It is indexed and revisable. Mutual-consent spouses set it freely.
5 — Your children
Children fall under the same Regulation: jurisdiction generally follows their habitual residence (Brussels II ter, Article 7), and decisions are enforceable in the other country. After wrongful removal, the 1980 Hague Convention applies, reinforced by the Regulation.
Parental responsibility remains joint after divorce. Without agreement, the court first examines equal residence if requested by a parent. Children’s cases are urgent, with continuing court oversight. Any child may request a hearing; from twelve the court informs them of that right.
Relocation requires parental agreement or family-court permission. Hague return cases are concentrated in certain family courts and should be decided within six weeks per level. The central authority is SPF Justice. Failure to hand over a child is a criminal offense.
Each parent contributes according to means, separating ordinary and extraordinary expenses. No official scale exists, but calculations must be explained. Support continues past adulthood if education is unfinished.
6 — Your assets
Matrimonial property. The default community of acquisitions includes earnings and assets acquired for value during marriage, divided equally. Spouses may choose separate property with or without participation, specifying acceptance of equitable judicial correction upon irretrievable-breakdown divorce, or universal community. Marriage agreements require a notarial deed.
Disputed community division is entrusted to a notary appointed by family court. Both countries’ courts apply the same regime law; difficulties mainly concern inventory and valuation across both countries.
Regulation 4/2009 permits maintenance enforcement in either country without exequatur through central authorities. SECAL may advance payments only to creditors living in Belgium; those in France use central authorities.
Points to watch
The first court seised takes priority: prepare timing if your spouse may file in Belgium.
Belgian post-divorce maintenance is needs-based, temporary and capped at one third of the debtor’s income.
French non-judicial divorce needs the notary’s certificate for Belgian registration.
Belgian courts allow a law choice until the first appearance.
7 — My support
An international consultation compares French and Belgian options before filing. My Belgian colleague confirms local law and acts in family court. Negotiation or family mediation in French, at the office or remotely, seeks an agreement approved in France and recognized in Belgium.
Official texts and sources
e-Justice portal, national factsheet « Divorce and legal separation » (updated 11 December 2020)
e-Justice portal, national factsheet « Matrimonial property » (updated 6 May 2026)
e-Justice portal, national factsheet « Maintenance obligations » (updated 17 December 2020)
e-Justice portal, national factsheet « Parental responsibility » (updated 15 December 2020)
e-Justice portal, national factsheet « Moving abroad with children » (updated 10 January 2018)
Regulation (EU) 2019/1111, Brussels II ter (divorce, parental responsibility, child abduction)
Regulation (EU) No 1259/2010 Rome III (law applicable to divorce)
Regulation (EC) No 4/2009 (maintenance obligations)
Regulation (EU) 2016/1103 (matrimonial property)