Divorce accepted (for acceptance of the principle of marriage breakdown)

Verified 28 May 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Do you agree with your spouse to divorce, but disagree on the consequences of divorce? You can apply for an accepted divorce before the Family Court Judge. The reasons for your divorce will not be discussed. We present you with the information you need to know.

If you are agreed to divorce, you can initiate divorce proceedings for acceptance of the marriage breakdown.

In this case of divorce, the facts that cause your separation do not have to be disclosedor to be examined by the judge.

However, you are not you don't have to agree with your husband or wife about the consequences of divorce (e.g. on child care or on compensatory benefit).

The divorce proceedings takes place in front the Family Affairs Judge (Jaf).

You and your spouse you have to take one lawyer each.

For divorce to be possible, you have to give every two of you your consent in a document.

This document must seal your divorce agreement without mentioning the reasons for your divorce.

You can give your consent before or during the divorce proceedings:

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Before divorce proceedings

You must first sign with your spouse and your respective lawyers a privately signed document. This act must indicate that you accept the principle of marriage breakdown.

This act is irrevocable. It shall state that you cannot go back on accepting the principle of marriage breakdown even when doing call.

You must then enter the Jaf: titleContent by a joint petition for divorce or by a summons to divorce.

The act of acceptance shall be annexed to the request or assignment.

The act of acceptance must be no later than 6 months old when the divorce application is lodged.

During divorce proceedings

You can seal your agreement for a divorce accepted before the Jaf: titleContent at the orientation hearing or at any other hearings concerning interim measures (residence of children, maintenance...).

In this case, your agreement is recorded in a written statement by the Jaf and signed by you, your spouse and your respective lawyers.

You may also give your consent at any time during the procedure without being at a hearing. In this case, you must give your consent in writing in one of the following ways:

  • in a privately signed document signed by you, your husband(s) and your respective lawyers,
  • or in a declaration of acceptance of the principle of the termination of an individual marriage made by each spouse.

This must indicate that you accept the principle of marriage breakdown. It must then be transmitted to the judge by your lawyers.

Warning  

In any case, your agreement is irrevocable. It must be stated in the document you sign that you cannot go back on accepting the principle of marriage breakdown even when doing call.

Once you have signed the acceptance of the principle of marriage breakdown, your decision is irrevocable.

You can't ask for the fault divorce or for permanent alteration of the conjugal relationship.

However, you can always choose from divorce by mutual consent.

Legal costs

The cost varies depending on the lawyer's fees.

If you don't have enough resources to pay for the divorce, you can benefit from legal aid.

The costs shall be shared by half between the spouses, unless the judge decides otherwise.

Right to share

When the spouses divorce, they must share assets which they had together (movable, financial and immovable property).

The division of movable and immovable property is subject to a registration fee or a tax of land advertising of 1.10%.

FYI  

For assets less than or equal to €5,000, the right of sharing shall be fixed at a flat rate at €125.

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