Translation for Marriage to a Foreigner in Belgium: Documents Required by the Municipality

Getting married in Belgium with a foreign national spouse is entirely possible, but the procedure requires providing several official documents translated by a sworn translator recognised by the SPF Justice. This guide details the required documents, the procedure to follow at the municipality, and realistic timescales to plan for so that your civil union goes smoothly.

Which documents need to be translated for a mixed marriage in Belgium?

Each Belgian municipality may have slightly different requirements, but the basic list of documents to provide as sworn translations is as follows for the foreign spouse (or for both spouses if both are foreign nationals):

• Birth certificate: fundamental document. If you are under 26, a recent certificate (less than 6 months old) may be required by certain municipalities. It must be translated in full, including marginal notes.
• Certificate of celibacy or marital capacity: document issued by the competent authority of the country of origin certifying that the person is free to marry. Its name varies by country (Certificate of No Impediment, Certificat de coutume, Ledigheitsattest...).
• Criminal record: extract no. 3 or foreign equivalent, required by certain municipalities for nationals of certain countries.
• Passport or identity document: a certified translation of the identity pages may be requested by certain civil registrars.
• Divorce or death certificate of previous spouse: if either future spouse was previously married, proof of dissolution of the previous marriage must be provided and translated.

The certificate of custom: a frequently overlooked document

The certificate of custom(or certificate of applicable law) is a document that certifies that the law of the future spouse's country of origin authorises the marriage under the planned conditions. It is drafted by a lawyer, notary or official authority of the country of origin, then translated into French or Dutch by a Belgian sworn translator.

This document is often requested by Belgian municipalities for nationals of countries whose matrimonial law differs significantly from Belgian law (polygamy prohibited in Belgium, minimum age of 18, free and informed consent mandatory). Contact your municipality first to find out whether it is required in your situation.

Municipal procedure: steps and timescales

The civil marriage procedure in Belgium with a foreign spouse generally follows these steps:

• Step 1. Compile the file: gather all original documents and have them translated. Allow 3 to 5 weeks for this step if certain documents need to be legalised or apostilled.
• Step 2. Submit the file to the municipality: submit your complete file to the civil registrar of your municipality of residence or of the municipality where you wish to marry. An appointment is generally required.
• Step 3. File review: the civil registrar examines the validity of all documents. This step can take 2 to 8 weeks, or longer in large municipalities.
• Step 4. Publication of banns: once the file is accepted, the banns are published for 14 calendar days.
• Step 5. Marriage ceremony: the civil ceremony can take place from the 15th day following publication of the banns.

In total, from compiling the file to the ceremony, allow between 3 and 6 monthsdepending on the complexity of your situation and your municipality's workload.

Legalisation and apostille: when is it necessary?

Before having your foreign documents translated, check whether they need to be legalised. Countries that have signed the Hague Convention can affix an apostille, which simplifies the procedure. For other countries, consular legalisation (Belgian embassy in the country of origin) is required.

Certain countries have bilateral agreements with Belgium that waive legalisation. This is the case for several EU member states. Your translation agency or municipality can inform you of the specific requirements for your country of origin.

Common errors to avoid in the marriage file

• Not checking the need for legalisation before having documents translated.
• Forgetting to have the marginal notes of the birth certificate translated.
• Overlooking that certain municipalities require a recent birth certificate (less than 6 months old).
• Not enquiring whether a certificate of custom is required depending on the country of origin.
• Underestimating the overall procedure timescale and booking the venue before the file is approved.