Notary Stephan Borremans — Schaerbeek
Marriage contract, legal cohabitation, divorce by mutual consent, liquidation and partition: the Borremans office guides you with discretion at every key moment of your family life.
In Belgium, spouses who do not sign a marriage contract are automatically subject to the legal matrimonial regime of community of acquisitions. This regime is balanced but does not suit all circumstances: entrepreneurs wishing to protect their professional assets, couples with very different levels of wealth, complex blended families... A tailor-made marriage contract, drafted by our office, allows you to adapt the rules precisely to your own situation.
| Regime | Joint assets | Separate assets | Ideal for |
|---|---|---|---|
| Community of acquisitions (legal matrimonial regime) | Assets acquired during the marriage, professional income | Pre-marital assets, inheritances and gifts | Couples seeking economic solidarity without pooling pre-existing wealth |
| Separation of assets | None | All assets | Entrepreneurs, liberal professions, couples with very different levels of wealth |
| Separation of assets with a community of acquisitions clause | Assets expressly placed in common ownership | All other assets | Couples seeking the protection of separation with a minimum degree of solidarity |
| Universal community of property | All present and future assets | None (except expressly excluded personal assets) | Couples seeking total community, often later in life to protect the surviving spouse |
Legal cohabitation (a declaration made before the registrar of civil status) represents an intermediate status between marriage and de facto cohabitation. It affords certain legal protections but remains considerably less protective than marriage. In matters of succession within the Brussels-Capital Region, legal cohabitants benefit from the same reduced rates as spouses.
Legal cohabitation agreement: Legal cohabitants may sign a notarial agreement regulating their respective rights and obligations (contribution to expenses, fate of the family home, rights over jointly acquired assets, etc.). This agreement may be as comprehensive as a marriage contract and is fully tailored to your individual situation.
Since the 2018 reform, divorce by mutual consent may be effected by way of an out-of-court administrative procedure, provided the spouses agree on all essential points (division of assets, residence of children, maintenance, etc.). The notary plays a central role in the liquidation and partition of the joint estate, particularly in relation to immovable property.
The partition of immovable property between former spouses benefits from a preferential reduced rate (significantly lower than the 12.5% rate applicable to an ordinary sale in the Brussels-Capital Region). This rate applies to the partition of jointly owned immovable property in the context of the liquidation and partition of the matrimonial property regime — the office will confirm the exact rate currently in force.
This reduced rate of 1% also applies between legal cohabitants upon termination of the cohabitation.
Is a marriage contract mandatory in Belgium?
No, a marriage contract is not mandatory. In the absence of a contract, spouses are subject to the legal matrimonial regime of community of acquisitions. If this regime does not suit your circumstances (significant pre-existing wealth, self-employed activity, blended family, etc.), a notarial marriage contract allows the rules to be adapted to your actual situation.
What is the difference between marriage and legal cohabitation?
Marriage confers extensive and stable rights: a legal matrimonial property regime, succession rights, comprehensive protection of the family home, and maintenance after separation. Legal cohabitation offers more limited protection (family home, reduced succession duties in Brussels) and may be terminated unilaterally without notice. A notarial agreement can strengthen the rights of legal cohabitants.
Can I amend my marriage contract after marriage?
Yes. Since 2018, spouses may change their matrimonial property regime at any time, without any minimum waiting period or prior justification. The change is effected by notarial deed. It may relate to the entire regime or to specific clauses. This is often advisable upon a change in professional circumstances, a business succession, or the arrival of children in a blended family.
How is immovable property divided upon divorce?
Upon divorce, jointly owned immovable property must be divided by notarial deed. One spouse may buy out the other's share (buyout payment), or the property may be sold and the proceeds divided. The registration duties on this partition benefit from a preferential reduced rate (vs. 12.5% for an ordinary sale in Brussels) — the office will confirm the exact applicable rate. The notary arranges the termination of co-ownership and the transfer of the mortgage where necessary.
Is a notary required for legal cohabitation?
Legal cohabitation itself is declared free of charge before the registrar of civil status of the municipality. A notary is not required but is recommended for drafting a cohabitation agreement governing the rights and obligations of the partners: contribution to expenses, fate of the family home in the event of separation, rights over jointly acquired assets, etc. Such an agreement affords legal certainty comparable to a marriage contract.
Office note. Belgian family law has undergone several significant reforms in recent years and continues to evolve. The information on this page describes general mechanisms that may not apply in their entirety to your individual situation — every couple and every family has a different configuration. The rates and conditions mentioned are subject to change. For any decision relating to your matrimonial property regime, your divorce, or the protection of your partner, please consult the Borremans office before taking action.
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Notarial Office · Schaerbeek
Marriage, cohabitation or separation: our office advises you with discretion and professionalism.