It depends on the type of divorce proceedings chosen.

In the case of an uncontested divorce, that is, by mutual consent or by joint application based on more than six months of de facto separation, the procedure is relatively quick.

Divorce by mutual consent

The spouses are summoned before the competent court for a first hearing within one month of filing the petition.

In principle, the spouses must appear twice: once at the initial hearing and a second time at least three months after the first appearance.

The 2007 law allows the divorce procedure to be accelerated under certain conditions. If, on the date the application is filed, the spouses have already been living separately for more than six months, they will only have to appear once before the judge. The first hearing will be sufficient.

Divorce based on more than six months of de facto separation

If both spouses agree to divorce, they may file a joint application for divorce based on more than six months of de facto separation. They simply need to prove that they have been living separately for more than six months. The judge must then immediately grant the divorce.

If they have not yet been separated for more than six months on the date of the initial hearing, the judge will schedule a second hearing to take place three months after the first.

Contested divorce

By contrast, in the case of a contested divorce, that is, any other type of divorce, the proceedings generally take longer.

The law provides that:

"The court determines the amount of maintenance, which must at least cover the recipient's basic needs.

The judge takes into account the spouses' income and earning capacity, as well as the significant deterioration in the recipient's financial situation. In assessing this deterioration, the judge considers, in particular, the duration of the marriage, the age of the parties, their conduct during the marriage regarding the organisation of their respective needs, and responsibility for the children during and after the marriage. Where appropriate, the judge may decide that the maintenance payments will decrease over time and determine the extent of that reduction."

Spousal maintenance may not exceed one third of the paying spouse's net income, that is, their salary or professional income after taxes and social security contributions.

In principle, the duration of spousal maintenance may not exceed the length of the marriage.

However, the law provides that, in exceptional circumstances, if the recipient can demonstrate that, at the end of that period, they remain in financial need for reasons beyond their control, the court may extend the duration of the maintenance.

In such cases, the amount of spousal maintenance will correspond to the amount necessary to cover the recipient's basic needs.

Yes. Spousal maintenance is tax deductible for the paying spouse up to 80% of the amount paid.

Yes. Amounts received as spousal maintenance are considered taxable income and are taxed as miscellaneous income up to 80% of the amount received.

This means that 80% of the maintenance payments received must be added to the recipient's other taxable income. The total income is then taxed according to the applicable progressive tax rates.

Yes. The law provides that a person, spouses, or cohabiting partners may apply to adopt a child.

No. Same-sex couples are fully eligible to adopt in Belgium.

The Act of 18 May 2006 removed the requirement that adoptive parents be of different sexes. As a result, two married or cohabiting same-sex partners who wish to adopt jointly may apply for adoption.