Married abroad and now living in Belgium? Transcribing your foreign marriage into Belgian civil status registers is essential to make it operative for family composition, family reunification, succession and social rights. The procedure is based on Article 31 of the Belgian Code of Private International Law (CODIP) and requires a sworn translation by an RNEJ translator. TranslateBE translates your marriage and birth certificates for the municipality. Quote within 1h.
Why transcribe a foreign marriage in Belgium?
A marriage celebrated abroad between a Belgian and a foreigner, or between two foreigners residing in Belgium, is in principle automatically recognised in Belgium (Article 27 CODIP), without prior procedure. But to be enforceable against the Belgian administration, it must be transcribed into the civil status registers of the competent municipality. Without transcription:
- The spouse does not appear in the family composition certificate issued by the municipality.
- No Belgian marriage certificate can be issued.
- Family reunification remains possible but the OE/DVZ will still require the translated foreign certificate.
- In case of death, succession becomes complicated as there is no record in Belgium proving spousal status.
Competent municipality: where to file?
Article 31 §1 CODIP gives jurisdiction to the civil registrar of the municipality where the Belgian spouse or the couple has its main residence in Belgium. Where there is no Belgian residence, jurisdiction lies with the City of Brussels (civil registrar of Brussels-City). For Belgians residing abroad, transcription can also be done at the competent Belgian consulate of the country of residence.
In practice: if you live in Schaerbeek, file in Schaerbeek. If you have just arrived and are not yet registered with the population register, your file will be put on hold until your effective registration.
Documents to submit
- Foreign marriage certificate (original or recent full copy) (less than 6 months for most municipalities), with Hague apostille or consular legalisation depending on the country.
- Birth certificates of both spouses, translated and apostilled/legalised.
- Certificate of celibacy or marital capacity at the time of marriage (depending on country).
- Evidence of dissolution of any prior marriages: divorce judgment, death certificate of the previous spouse.
- Valid identity documents of both spouses.
- Sworn translation into FR/NL/DE by an RNEJ translator for all documents not drafted in a national language.
TranslateBE
Marriage transcription: turnkey translated file
Marriage, birth and celibacy certificates translated by an RNEJ sworn translator. Acceptance guaranteed by all Belgian municipalities.
Possible refusals: sham marriage, polygamy, fraud
The civil registrar may refuse transcription in several scenarios provided by Belgian law:
- Marriage of convenience or sham marriage (Article 146bis of the Civil Code): marriage entered into solely to obtain an immigration benefit. The municipality may suspend for 2 months (extendable by 3) for investigation by the Public Prosecutor.
- Forced marriage (Article 146ter Civil Code): absence of free consent.
- Polygamy: a polygamous marriage validly contracted abroad is not transcribed in Belgium as such; only the first marriage may produce effects for residence.
- Marriage between close relatives contrary to Belgian public policy.
In case of refusal, an appeal can be lodged with the Family Court of the municipality within 30 days.
Transcription deadlines
Without specific scrutiny, transcription is carried out in the weeks following complete submission, generally 1 to 3 months depending on the municipality. In case of sham marriage investigation, add 2 to 5 months. Large municipalities (Anderlecht, Brussels-City, Schaerbeek, Antwerpen, Liège) are structurally slower.
FAQ
Frequently asked questions
How long does transcription of a foreign marriage take?
1 to 3 months in the absence of specific scrutiny, from the complete submission at the municipality. In case of sham marriage investigation under Article 146bis, add 2 to 5 months. Brussels-City, Schaerbeek and Anderlecht are the slowest due to volume.
How much does transcription at the municipality cost?
The transcription itself is generally free or charged a few euros by the municipality. The real costs come from sworn translations (marriage certificate + 2 birth certificates = around €200-350) and the apostille from the country of origin. Note: some municipalities charge for the extract after transcription (€10-20).
Does my Moroccan marriage need to be apostilled?
Yes. Morocco has been a party to the Hague Convention since 2016. The Moroccan marriage certificate must be apostilled by the Moroccan Ministry of Foreign Affairs (Rabat) or by authorised provincial authorities. For older certificates, some Belgian municipalities still accept the historical consular legalisation (before accession to the Convention).
What to do if the municipality refuses the transcription?
Request the reasoned decision in writing. You have 30 days to lodge an appeal with the Family Court of the district (Article 27 §1 CODIP). Get advice from a lawyer specialised in private international law. During the procedure, the marriage remains automatically recognised for other administrations (Article 27 CODIP) — only the transcription is suspended.
Urgent transcription before a move or trip?
24-hour express on marriage and birth certificates. Sworn RNEJ translators accepted by all Belgian municipalities.