Have you obtained a judgment abroad - divorce, maintenance, civil conviction - and do you wish to have it enforced in Belgium? The exequatur procedure makes it possible to render this judgment enforceable on Belgian territory. Here is what you need to know about the steps, the required documents and the central role of the sworn translation.
What is exequatur?
Exequatur is the judicial procedure that confers enforceability in Belgium on a judgment pronounced by a foreign court. Without exequatur, a foreign judgment has no binding effect in Belgium: a creditor cannot seize property on Belgian territory on the basis of an unrecognised French, Moroccan or American judgment.
The procedure aims to verify that the foreign judgment respects certain minimum conditions of regularity (jurisdiction of the foreign judge, respect for the rights of the defence, absence of contradiction with Belgian public order) without re-examining the merits of the case. It is not a new trial, but a formal review.
The legal framework: EU versus third countries
The applicable procedure depends first of all on the origin of the judgment.
- Judgments pronounced in an EU Member State: since the Brussels I bis Regulation (EU) No 1215/2012, applicable since 10 January 2015, civil and commercial judgments rendered in an EU Member State are in principle automatically recognised in the other Member States, without an exequatur procedure being necessary. A simple certificate issued by the court of origin is sufficient. However, for certain European enforcement titles or certain authentic instruments, specific formalities remain
- Judgments pronounced in a third country: the Belgian national procedure applies. It is governed by the Code of Private International Law (CODIP), mainly in articles 22 and following. The Belgian judge verifies in particular the jurisdiction of the foreign judge, the regularity of the foreign procedure, the absence of contradiction with public order and the absence of fraud against the law
- Specific matters: in family matters (divorce, maintenance, parental responsibility), special European regulations apply between Member States: Brussels II ter (EU 2019/1111) for matrimonial matters and parental responsibility, and the Maintenance regulation (EU 4/2009) for maintenance obligations
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Sworn translation of a foreign judgment for exequatur
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Required documents and the role of the sworn translation
To submit an exequatur application in Belgium, the applicant must as a rule provide the following documents:
- The original judgment: in its authentic version, issued by the foreign court (with the seal or official signature of the registry)
- The sworn translation of the judgment: into French or Dutch depending on the Belgian court seized. This translation must imperatively be carried out by a translator accredited by the competent court of appeal, that is to say registered on the list of judicial experts or sworn translators recognised by the court. A non-certified translation will be systematically refused
- Proof of service of the judgment: certificate that the judgment was indeed served on the opposing party within the framework of the foreign procedure
- Any document proving the final nature of the judgment: certificate of non-appeal, certificate of res judicata
- Legalisation or apostille: depending on the country of origin of the judgment, an apostille (Hague Convention) or a consular legalisation may be required on the original judgment before translation
The competent court and the matters concerned
In Belgium, the exequatur application is submitted to the court of first instance of the place of intended enforcement (that is to say where the property to be seized is located or where the defendant resides). The application is made by writ or by unilateral petition depending on the case.
The areas most frequently concerned by exequatur are:
- Divorce pronounced abroad: governed by articles 57 and following of the CODIP for third countries, or by Brussels II ter for EU Member States. Recognition is distinct from exequatur and may be sufficient for civil status
- Maintenance: the Maintenance regulation (EU 4/2009) facilitates recognition and enforcement between EU Member States; for third countries, the ordinary-law procedure applies
- Commercial contracts: judgments relating to debts or damages between companies
- Successions: the Succession regulation (EU 650/2012) facilitates the circulation of succession documents within the EU
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Judgments, judicial documents, orders: certified translations into French and Dutch. Our translators are registered on the lists of the Belgian courts of appeal.
FAQ
Frequently asked questions
Is an exequatur procedure always required for an EU judgment in Belgium?
No. Since the Brussels I bis Regulation (No 1215/2012, applicable since January 2015), civil and commercial judgments rendered in an EU Member State are automatically recognised in Belgium without an exequatur procedure. It is sufficient to produce the judgment accompanied by the certificate provided for in annex I of the regulation, issued by the court of origin. A procedure for refusal of enforcement nevertheless remains possible in certain exceptional cases. In family matters, it is Brussels II ter that applies with specific rules.
What translation must be provided for exequatur?
You need a sworn translation carried out by a translator accredited by the court of appeal or registered on the list of the FPS Justice. The translation must cover the full version of the judgment, including its operative part (the part containing the conviction or the decision). A partial or non-certified translation will be refused. The target language is French for the French-speaking Belgian courts, Dutch for the Dutch-speaking courts.
How long does the exequatur procedure take?
The lead times vary considerably depending on the complexity of the file, the court seized and whether the opposing party contests it or not. For an uncontested file, the procedure can take from 2 to 6 months. In case of contestation and appeal, the lead times can extend to several years. Putting together a complete file with all the sworn translations and legalisations in order is essential so as not to unnecessarily lengthen the procedure.
Is my foreign divorce judgment automatically recognised in Belgium?
It depends on the country of origin of the judgment. If the divorce was pronounced in an EU Member State, recognition is in principle automatic under the Brussels II ter regulation. If the divorce was pronounced in a third country (Morocco, Algeria, Turkey, United States, etc.), a recognition procedure with the Belgian court of first instance is necessary. For Moroccan divorces, bilateral agreements exist but recognition remains subject to judicial review. In all cases, a sworn translation of the judgment will be necessary.