Legal Cohabitation in Belgium with Foreign Documents: Mandatory Translations

Registering a legal cohabitation in Belgium when one of the partners is a foreign national requires a sworn translation of their birth certificate and a certificate of single status (or non-impediment) for submission to the municipal civil registration office. TranslateBE translates all foreign civil status documents with a quote within 1 hour and express delivery in 24 hours, so your declaration is accepted first time.

Requirements for legal cohabitation in Belgium (Art. 1475 Civil Code)

Legal cohabitation (wettelijke samenwoning / cohabitation légale) is governed by Articles 1475 to 1479 of the Belgian Civil Code. It allows two persons — of the same or different sex — to formalise their life together before the civil registrar of their home municipality. Unlike marriage, legal cohabitation requires no ceremony: a written declaration signed by both parties is sufficient.

To declare legal cohabitation, both partners must cumulatively satisfy the following conditions: be of legal age (or legally emancipated), not already be married or in a legal cohabitation with another person, not be direct-line relatives, and be domiciled at the same address or able to prove this. When one partner is a foreign national, they must demonstrate that these conditions are also met under their own national law, which requires producing foreign documents — in translated form.

Required foreign documents and sworn translations

The municipality requires, for the foreign partner, the following documents as sworn translations signed by a court-certified translator registered in the National Register of Judicial Experts (NRJE):

• Birth certificate: full extract (not a short-form extract). The translation must reproduce all marginal annotations (recognitions, adoptions, prior divorces).
• Certificate of single status or non-impediment: a document issued by the authorities of the country of origin certifying that the partner is not already married or in a legal cohabitation. Also referred to as a "certificate of civil capacity" or "certificate of marriageability" in some countries.
• Proof of address: some municipalities request a residence certificate or rental agreement, particularly if the two partners are not yet co-domiciled.
• Valid passport or residence permit: for identity verification; generally no translation is required for this document.

Some municipalities also require legalisation or an apostille on foreign documents before translation, depending on the partner's country of origin. Check with your municipality's civil registration office for the specific requirements, as these may vary slightly between municipalities.

Difference from marriage for family reunification

A frequent question is whether legal cohabitation confers the same rights as marriage for family reunification purposes. The answer is nuanced.

The Act of 15 December 1980 on access to the territory provides for family reunification for married spouses (Art. 10) and, under stricter conditions, for registered partners (Art. 10bis). Belgian legal cohabitation may be treated as a "registered partnership" under Art. 10bis, but the conditions are more demanding: the partner must prove the durability of the relationship, have sufficient means of subsistence, and have adequate accommodation.

For an EU citizen wishing to bring a non-EU partner to Belgium, EU Directive 2004/38/EC offers broader possibilities, requiring the DVZ to facilitate the entry and residence of the unmarried partner with whom a durable relationship is duly attested. In all cases, foreign civil status documents will need to be translated.

Procedure and timelines at Belgian municipalities

Once the complete file is submitted to the municipality, the civil registrar has a statutory period of 30 days to carry out the necessary checks and, if there is no impediment, register the legal cohabitation. In practice, in large municipalities (Brussels, Antwerp, Liège, Ghent), it is advisable to allow 4 to 6 weeks between submitting the complete file and actual registration.

If the civil registrar identifies an impediment or irregularity in the documents, they will notify the parties and may suspend registration. An appeal may be lodged before the family court. To avoid any additional delay, it is essential that translations are carried out by an NRJE-registered sworn translator and that the documents are complete.