International Divorce in Belgium: Translating Judgments and Records

Have you divorced abroad and need to have that judgment recognised in Belgium? To update your civil status, the authorities almost always require a sworn translation of the foreign decisions and certificates into French or Dutch. Here is how to proceed, document by document.

📖 Also read: translating a divorce judgment · sworn translation guide · apostille or legalisation

Having a foreign divorce recognised in Belgium

A divorce pronounced abroad is not automatically entered in the Belgian registers. For it to produce its effects (remarriage, change of civil status, inheritance), the decision must be transcribed with the municipality or the competent civil registrar. It is during this step that the translation of the documents becomes essential, because the authorities only process documents drawn up in French or Dutch. See our dedicated guide on translating a divorce judgment.

Which documents to translate?

The exact list depends on your municipality, but the documents most often requested are:

• The divorce judgment: the complete decision, operative part and reasoning.
• The marriage certificate: to link the divorce to the original union.
• The certificate of non-appeal or of final character: it confirms that the decision is no longer open to appeal.
• Proof of identity and, sometimes, a certificate of custom depending on the country of origin.

Each of these documents must be the subject of a sworn translation into French or Dutch, depending on the region and the service concerned.

Authentication: apostille or legalisation

Before translation, the foreign document often needs to be authenticated. If the country of origin has acceded to the Hague Convention, an apostille is sufficient; otherwise, a legalisationby the local authorities and then by the Belgian consular post is required. The choice depends solely on the issuing country: consult our guide on apostille or legalisation to find out which one applies to your file.

And within the European Union?

For divorces pronounced in another EU member state, the Brussels II ter Regulation greatly facilitates the recognition of decisions in matrimonial matters. A divorce decision issued in an EU country is in principle recognised in the others without any special procedure, on presentation of the judgment and a standard certificate issued by the court of origin. The apostille is generally not required between member states, but a sworn translation of the documents is still requested by the Belgian municipality.

The pitfalls to avoid

Two mistakes come up constantly and hold up files:

• The judgment is not final: without a certificate of non-appeal or a mention of the final character, the municipality will refuse the transcription.
• The file is incomplete: a missing marriage certificate, an untranslated page or the wrong type of authentication lead to a rejection and wasted time.

Always have the list of documents validated by your municipality before launching the translations.