I'm splitting

Verified 15 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

What applies to you ?

If you live as a couple and want to separate, you have to go through a number of steps related to whether you were married, in the past or in a common-law relationship. Here are the steps.

If you are married, you can choose between a divorce or body separation.

Divorce and separation differ in multiple points.

There are many kinds of divorce.

The amicable divorce (called divorce by mutual consent) and 4 contentious divorce proceedings (divorce for acceptance of the principle of marriage breakdown, fault divorce, divorce on grounds of permanent alteration of the marital relationship, divorce before the judge).

In all cases, it is mandatory to call upon a lawyer.

It is possible to change a kind of divorce after the initiation of the proceedings, but in some cases only.

A divorce has consequences for relations with the minor child, including:

FYI

These changes involve reorganizing the child's life.

It also involves the payment of a maintenance for minor children or adult children dependent on their parents.

Divorce by mutual consent

Spouses may agree to:

to terminate the lease giving notice (leave) to the landlord (lessor) every 2
or that only one retains the use of the dwelling. Whoever leaves the dwelling, even if he/she gives his/her notice (leave) to the owner (lessor), remains obliged to pay rent and expenses until the divorce is recorded in the margin of the civil status records.

Other divorce

During divorce proceedings

Spouses may decide together:

to terminate the lease giving notice (leave) to the landlord (lessor) every 2
or that only one retains the use of the dwelling. Whoever leaves the dwelling, even if he/she gives his/her notice (leave) to the owner (lessor), remains obliged to pay rent and expenses until the divorce is recorded in the margin of the civil status records.

In case of disagreement, the judge can decide on the award of the lease. His decision will be valid until the divorce is pronounced.

After the divorce

If one of the spouses applies to keep the dwelling after divorce, the judge shall allocate the dwelling taking into account the social and family interests. In practice, if the spouse wishing to remain in the dwelling has custody of the children, he/she will obtain the lease.

The other spouse will automatically cease to be obliged to pay rent and housing expenses as soon as the judgment of the divorce is entered in the margin of the civil status records. It is therefore not necessary for him/her to give his/her notice (leave) to the owner (lessor).

The two spouses are owners

Divorce by mutual consent

The matrimonial regime must be liquidated, i.e. the spouses must provide for the division of their common property.

A document drawn up by a notary is compulsory if the spouses own at least one common immovable property (e.g. housing).

Other divorce

During divorce proceedings

If one of the spouses requests to keep the dwelling, the judge determines which of the two spouses can continue to live there until the divorce is pronounced.

The judge considers social and family interests. In practice, if the spouse who wishes to remain in the dwelling has custody of the children, he/she will obtain to retain the use of the dwelling.

Sometimes, the person who keeps the use of the dwelling must pay compensation to the other.

After the divorce

When splitting the couple's property, the spouses may choose:

only one keeps it (by buying out the other's share)
or that the house is sold and the amount of the sale is shared among them.

In the event of a disagreement between the spouses, the person who wishes to retain the use of the dwelling must apply to the judge. The judge may award it for consideration (financial compensation or by compensatory benefit...).

Only one spouse is the owner

Divorce by mutual consent

The matrimonial regime must be liquidated, i.e. the spouses must provide for the division of their common property.

A document drawn up by a notary is compulsory if the spouses own at least one common immovable property (e.g. housing).

Other type of divorce

During divorce proceedings

If one of the spouses requests to keep the dwelling, the judge determines which of the spouses can continue to live there until the divorce is pronounced.

The judge considers social and family interests. In practice, if the spouse who wishes to remain in the dwelling has custody of the children, he/she will obtain the right to retain the use of the dwelling.

Sometimes, the person who keeps the use of the dwelling must pay compensation to the other.

Please note

the spouse who owns the dwelling cannot sell it without the other spouse's agreement, unless the judge has authorized the house to be sold.

After the divorce

The spouse who does not own the dwelling must leave the premises.

But he/she can ask the judge to keep the use of the dwelling.

In principle, the owner of the animal is the person who provides proof (invoice...) or who appears on the certificate of transfer of the animal.

But it is possible to decide together who retains ownership of the animal and, possibly, who becomes its keeper/keeper. If there is a change from the previous situation, report it.

In the event of disagreement, the judge may be asked to determine the fate of the animal.

FYI

in case of injury caused by the animal, the legal liability lies with the keeper/keeper of the animal, not with the owner of the animal.

Joint account

If the couple has a joint account, at any time:

Spouses may decide together to close this account.
One of the spouses can ask the bank for the unbundling and its transformation into undivided account. The signature of the two spouses is then necessary to make the account work.
One of the spouses may withdraw from the account "by denouncing it" at the bank. The other account holder will remain alone in being able to operate the account.

Undivided (or undivided) account

If the couple has a undivided (or undivided) account, this account can only be closed by means of a closing letter bearing the signature of the 2 co-holders of the account.

The person who retains a vehicle whose registration certificate (carte grise) had the 2 names, can do remove a name.

A spouse who receives at least one of the following social assistance payments:

He must report his change of situation to the managing body. This organization will recalculate the amount of financial assistance to which it is entitled.

Report change of situation

Spouses/wives must warn taxes of changing circumstances within 2 months of:

Abandonment of marital home by one of the spouses
For spouses married under the separation of property, when they cease to live together
Orientation Hearing

This will have an impact on the family quotient, taken into account in the calculation of income tax.

End of joint tax return

Spouses are required to file a joint income tax return and to be jointly and severally liable for the payment of tax.

This obligation shall end at the following time:

Year in which one of the spouses abandoned the matrimonial home and on the condition that everyone has separate income (whether or not divorce proceedings are initiated)
Year when you stop living together (whether or not you are going through divorce proceedings), while you are married under the separation of property
Year of divorce
Year you are in divorce proceedings and have been allowed to live apart

For example, if it is the year 2021, then everyone must to complete a declaration individually in 2022 with its revenues and expenses for the entire year.

Income to be reported

The child support shall be declared by the person who the verse and by the who receives it.

The compensatory benefit must be declared by the person paying it and by the person receiving it.

You have to make a declaration of dissolution of Civil partnerships.

This declaration can be made at the request of one or two Civil partnership partners.

The dissolution of the Civil partnerships has consequences for relations with the minor child, including:

It also involves the payment of a maintenance for minor children or adult children dependent on their parents.

Rented accommodation

Consequences vary depending on whether the following are true:

Owned housing

The 2 partners own the house

You can decide together:

to sell the housing and to spread the amount of the sale by the share of each
or that one of the partners keeps the housing by buying the other's share.

If one refuses the sale, the other will have to go to court, so that the auction of the house is allowed. The amount of the sale will be distributed equally to each.

Who shall I contact

Judicial Tribunal

Only one partner owns

The non-owner must leave the dwelling.

The owner is free to decide to sell the property.

The non-owner may apply to the judge to become a tenant of the family home.

Who shall I contact

Judicial Tribunal

In principle, the owner of the animal is the person who provides proof (invoice...) or who appears on the certificate of transfer of the animal.

But it is possible to decide together who retains ownership of the animal and, possibly, who becomes its keeper/keeper. If there is a change from the previous situation, report it.

In the event of disagreement, the judge may be asked to determine the fate of the animal.

FYI

in case of injury caused by the animal, the legal liability lies with the keeper/keeper of the animal, not with the owner of the animal.

Joint account

If the couple has a joint account, at any time:

The partners can decide together to close this account.
One of the partners can ask the bank for the unbundling and its transformation into undivided (or undivided) account. The signature of the 2 partners is then necessary to operate the account.
One of the partners may withdraw from the account "by denouncing it" at the bank. The other account holder will remain alone in being able to operate the account.

Undivided (or split) account

If the couple has a undivided (or undivided) account, this account can only be closed by means of a closing letter bearing the signature of the 2 co-holders of the account.

The person who retains a vehicle whose registration certificate (carte grise) had the 2 names, can do remove a name.

A partner who receives at least one of the following social assistance:

He must report his change of situation to the managing body. This organization will recalculate the amount of financial assistance to which it is entitled.

Report change of situation

Partners must warn taxes of changing circumstances within 2 months of the Civil partnerships: titleContent.

This change in situation will have the effect of changing the family quotient which is taken into account in the calculation of income tax.

End of the joint declaration

Partners are required to file a joint tax return and be jointly and severally liable for the payment of tax.

This obligation shall cease in the year in which the Civil partnership is broken.

For example, if it is the year 2021, then each partner must to complete a declaration individually in 2022 with its revenues and expenses for the entire year.

Income to be reported

The child support shall be declared by the person who the verse and by the one who receives it.

Free union implies free rupture. The principle is that each of the concubines/concubines can, at any time, take back his freedom.

Separation has consequences for relations with the minor child, including:

It also involves the payment of a maintenance for minor children or adult children dependent on their parents.

Rented accommodation

The consequences of separation vary depending on the 2 concubines/concubines or 1 concubine/concubine are on the lease.

Owned housing

The 2 concubines/concubines own the accommodation

You can decide together:

to sell the housing and to spread the amount of the sale by the share of each
or that one of the concubines keeps the dwelling by buying the other's share.

If one refuses the sale, the other will have to go to court, so that the auction of the house is allowed. The amount of the sale will be divided up to the amount of the share of each:

Who shall I contact

Judicial Tribunal

Only one cohabiting partner/cohabiting partner owns the property

The non-owner cohabiting partner/cohabiting partner may be forced to leave the accommodation at any time.

The owner's common-law partner is free to decide whether to sell the property.

In principle, the owner of the animal is the person who provides proof (invoice...) or who appears on the certificate of transfer of the animal.

But it is possible to decide together who retains ownership of the animal and, possibly, who becomes its keeper/keeper. If there is a change from the previous situation, report it.

In the event of disagreement, the judge may be asked to determine the fate of the animal.

FYI

in case of injury caused by the animal, the legal liability lies with the keeper/keeper of the animal, not with the owner of the animal.

Joint account

If the couple has a joint account, at any time:

Concubines/concubines may decide together to close this account.
One of the concubines/concubines can ask the bank for the unbundling and its transformation into undivided account. The signature of the 2 concubines/concubines is then necessary to make the account work.
One of the concubines/concubines may withdraw from the account "by denouncing it" at the bank. The other account holder will remain alone in being able to operate the account.

Undivided (or undivided) account

If the couple has a undivided (or undivided) account, this account can only be closed by means of a closing letter bearing the signature of the 2 co-holders of the account.

The person who retains a vehicle whose registration certificate (carte grise) had the 2 names, can do remove a name.

A cohabiting partner/cohabiting partner who receives at least one of the following social benefits:

He must report his change of situation to the managing body. This organization will recalculate the amount of financial assistance to which it is entitled.

If you have dependent children:

You have to report your change of situation to taxes, as your separation may have the effect of changing the family quotient. The family quotient is taken into account in the calculation of income tax.
The child support shall be declared by the person who the verse and by the who receives it.