Divorce or end of registered partnership

If you no longer wish to be with your partner, you can apply for a divorce or termination of your registered partnership. In both cases, you arrange this through a lawyer.

Divorce

If you are married, there are three ways to divorce your partner:

  • A divorce ends the marriage. According to the law, this breaks all ties between you and your ex-partner.
  • In the event of a legal separation, you are separated, but according to the law you remain married. The rights and obligations of the marriage continue to apply. A legal separation can be a solution if your religion does not allow divorce, or if you do not want a divorce for financial reasons.
  • After a separation from bed and board of at least three years, you can have your marriage dissolved. Your marriage will then be definitively terminated. According to the law, this breaks all ties between you and your ex-partner.

Termination of registered partnership

You end your registered partnership through the court in the following cases:

  • One of the partners wants to end the registered partnership.
  • You have minor children.

If you and your partner agree and you have no minor children, you do not need to go through the court.

What do I need to bring?

Registering a divorce with the municipality

  • a written request for enrollment
  • copy of the court's decision
  • if applicable: a statement from the court that no appeal has been filed

Registering the end of a registered partnership with the municipality

  • If terminated by the court: see divorce.
  • If terminated by a declaration: the declaration that you wish to terminate your registered partnership.

How does it work?

  • Choose a lawyer. If you and your partner are jointly filing for divorce, one lawyer is sufficient. If you are not jointly filing for divorce, or if you and your partner disagree, you should each choose your own lawyer.
  • Your lawyer will file for divorce with the court with a petition. Your lawyer will draw up this petition together with you.
  • You can request an ancillary provision in the petition. This is an agreement related to the divorce, for example, regarding contact with the children.
  • If you are the only one filing for divorce, your partner will receive a copy of your petition.
  • Your partner can object to the divorce. This is called 'filing a defense'.
  • Once the judge has made a ruling, you will receive this decision through your lawyer. This is called a decree. Your lawyer must register this decree within 6 months with the municipality where you were married. Only then are you legally divorced. This also applies to a dissolution of the marriage after a separation from the table and bed. 
  • A legal separation is final if the order is entered in the matrimonial property register within 6 months. You contact the registry of the court for this purpose.

Termination of registered partnership without court intervention

  • Choose a lawyer or notary.
  • You and your partner will draw up an agreement together with the lawyer or notary. The agreement will state that you wish to terminate the registered partnership. You will also make agreements about matters such as partner alimony and pensions.
  • Have your lawyer or civil-law notary register the agreement with the municipality where your partnership is registered within 3 months. Only then are you legally separated.

Termination of registered partnership through the court

This is done in the same way as with a divorce.

Additional information

You can find more information on the websites below: