What are the conditions for getting a divorce?
There are two types of divorce in Belgium: divorce on specific grounds and divorce by mutual agreement.

Divorce on specific grounds may be obtained when one of the spouses violates one of the obligations of the marriage, and when that violation is proven by the other spouse. Divorce on specific grounds may also be based on de facto separation for a period of at least two years, as a long separation can be considered an indication of the irremediable failure of the marriage.

Divorce by mutual agreement can be obtained when both of the spouses show the desire to bring their marriage to an end. Divorce by mutual agreement is allowed only when the couple has been married for at least two years.

What are the grounds for a divorce?
According to Belgian legislation, the grounds for a divorce are:

• Adultery
• Excesses
• Physical or mental cruelty
• De facto separation

The failure to comply with the obligations of marriage must be deliberate and imputable to the spouse, and that failure must be offensive to the "victim".

Divorce based on de facto separation is listed among cases of divorce on specific grounds, since it does not require, at any time, the agreement of both spouses. It may be imposed by one of the spouses on the other.

What are the legal effects of divorce on personal relations, division of property, children  and the obligation to pay alimony?

• Personal relations: A divorce breaks the bond of marriage for the future. Consequently, the ex-spouse may no longer use the name of the other. An exception to this rule is in special conditions, such as a business name.
• Division of property: Only the spouse obtaining the divorce is considered the faulty party and therefore, loses any benefits granted by the other spouse.
• Children: Each of the spouses must contribute, in proportion to his ability to do so, to the costs of housing, keeping, caring, and providing education for the children. This contribution is usually made in the form of maintenance, fixed by the courts. This contribution lasts until the children reach their majority or, if their education is not complete at that time, until it has been completed.
• The obligation to pay maintenance to the other spouse: The court may grant the spouse who has obtained the divorce an allowance from the other spouse's assets and income, the total of which should allow him to live under conditions equivalent to those he enjoyed during conjugal community. The allowance may not exceed one third of the debtor spouse's income. It consists of a sum of money, the total of which is lawfully adjusted to the fluctuations in the consumer price index.

Where should I send my petition for divorce, separation or annulment?
The only judge competent to hear a petition for divorce or separation on specific grounds or a petition for the conversion of separation on specific grounds into divorce is the judge for the last conjugal residence or the defendant's domicile.

Is it possible to appeal against a decision concerning divorce, separation or annulment?
An appeal against any decision in this matter, as in the law generally, may be brought in the court of appeal.

What is the applicable law within the framework of divorce proceedings between two spouses who do not live in Belgium or who have different nationality?
Divorce proceedings filed in Belgium must be conducted in the Belgian courts, in accordance with the provisions in Belgian law.

With regard to the basic conditions, in principle, an individual's status is governed by his national law (Section 3(3) of the Civil Code). Problems arise when concurrent laws do not agree on the solution. The Act of 27 June 1960 on the admissibility of divorce when at least one of the spouses is a foreigner has resolved certain issues. Unresolved problems remain subject to Section 3(3) mentioned above.

Thus, in the case of divorce between spouses, one of whom is Belgian, the other a foreigner, the admissibility of divorce on specific grounds, the causes and conditions thereof, are governed by Belgian law (Sections 2 and 3 of the Act of 27 June 1960). In this same situation, divorce by mutual agreement is allowed, in accordance with Belgian law (Section 2 of the Act of 27 June 1960) and the basic conditions are those of Belgian law. 

In the case of marriage between foreigners, the admissibility of divorce on specific grounds is governed by Belgian law, unless the national law of the petitioner spouse opposes this (Section 1 of the Act of 27 June 1960). The grounds for divorce come under Belgian law (Section 3 of the aforementioned Act). In this same situation, the national law of the spouses determines whether they may divorce by mutual agreement and under what conditions (Section 3(3) of the Civil Code).

Teodora Todorova / Expatica