international family law
Under Belgian law, in the absence of a marriage contract, spouses are subject to the default matrimonial regime: separation of property combined with a community of acquisitions. To adopt a different arrangement, the parties must sign a marriage contract specifying an alternative regime or setting out customized terms.
The marriage contract must be executed as a notarial deed by a Belgian notary. The notary is legally obligated to remain impartial and to fully inform both parties about the implications and consequences of the agreement. If the contract proves to be unbalanced or tainted by a conflict of interest, the notary may be held liable for any resulting damages.
Marriage contracts must comply with Belgian rules on public order and morality. They cannot override legal provisions regarding the mutual rights and duties of spouses, nor can they alter the rules governing management of jointly acquired assets.
Importantly, spouses are not permitted to waive their right to maintenance before the dissolution of the marriage (Article 301, Section 9, old Belgian Civil Code).
If a party is unable to appear in person, they may be represented by a proxy through a special power of attorney executed before a notary.
The marriage certificate must state the date of the marriage contract, the name and address of the notary who drafted it, and the type of contract signed. Without this information, any terms that deviate from the statutory regime cannot be enforced against third parties who were unaware of the contract in dealings with the spouses.
Premarital agreements do not require asset disclosure. However, for post-marital agreements that override prior contracts, one spouse may request full disclosure of the other’s assets and debts, both movable and immovable, pursuant to Article 1394, paragraph 2 of the Belgian Civil Code.
Any transfer of real property included in a marriage contract must be registered with the mortgage office. Additionally, all marriage contracts must be filed with the Central Register of Marriage Contracts. If the contract includes deviations from standard proportional distribution or names a beneficiary, it must also be registered with the Central Register of Last Wills and Testaments.
If one spouse is a registered merchant, a copy of the marriage certificate must be submitted to the clerk of the Commercial Court within one month of signing the marriage contract. This applies in the jurisdiction where the merchant is listed in the trade register.
Spouses may revise their marriage contract at any time during their marriage.
The recognition of foreign prenuptial and postnuptial agreements in Belgium is governed by the Belgian Code of Private International Law and, where applicable, the EU Matrimonial Property Regulation (Regulation No. 2016/1103). In both cases, the agreements must respect Belgian public policy to be recognized.
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