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Free Guide to Hiring a Family Lawyer
Annulment in Belgium is a court procedure that declares a marriage legally void. Unlike divorce, which ends a valid marriage, an annulment confirms that the marriage was never legally valid due to a fundamental defect at the time it was celebrated. Cases from Hasselt are handled by the Family Court within the Court of First Instance for the Judicial District of Limburg, with Dutch as the usual language of proceedings.
Belgian law distinguishes between absolute nullity and relative nullity. Absolute nullity involves serious breaches of public order, such as bigamy or marrying a close relative. Relative nullity involves defects like lack of valid consent due to error or duress. An annulment affects civil status and civil registers, but children remain fully protected in their rights. In many situations the court can apply the putative marriage doctrine to safeguard a spouse who acted in good faith.
Annulment cases can be complex and time sensitive. You may need a lawyer to:
- Assess whether annulment is legally possible or whether divorce is more appropriate.
- Identify and plead the correct legal grounds, which differ depending on your circumstances and on whether absolute or relative nullity applies.
- Gather and present evidence of the defect at the time of marriage, such as proof of duress, incapacity, existing marriage, or procedural irregularities.
- Navigate cross-border elements, for example when spouses are of different nationalities or the marriage took place abroad.
- Request interim protective measures regarding children, the marital home, or finances while the case is pending.
- Address the consequences of annulment, including parental responsibility, child maintenance, occupation of the family home, and the division of property-related issues.
- Ensure filings comply with local court practice in Hasselt and that deadlines are respected.
- Grounds for annulment: Belgian civil law allows annulment for grounds such as lack of valid consent, error about the person, duress, incapacity to consent, prohibited degrees of kinship, pre-existing marriage, underage marriage without required authorization, or serious formal defects at the time of celebration.
- Absolute vs relative nullity: Absolute nullity protects public order. It can often be raised by the public prosecutor and is not always subject to the same time limits. Relative nullity protects private interests, typically the spouse whose consent was defective, and is often subject to strict filing deadlines.
- Court jurisdiction in Hasselt: Annulment petitions are brought before the Family Court within the Court of First Instance of Limburg. Jurisdiction is based on habitual residence or other criteria set by Belgian law and, in cross-border cases, by EU rules.
- Language and procedure: Proceedings in Hasselt are generally conducted in Dutch. Written submissions, exhibits, and court appearances follow the family court procedure. Representation by a lawyer is highly recommended and may be required.
- Evidence: Courts assess evidence existing at the time of the marriage. Typical documents include the marriage certificate, population register extracts, identity documents, witness statements, medical or psychological reports when relevant, and any proof of duress or mistake.
- Effects of annulment: A marriage declared null is considered never to have legally existed. However, the court can safeguard children and a spouse in good faith through the putative marriage doctrine. The court can also make orders on parental authority, residence, contact, and child maintenance. Financial consequences for spouses vary by case and may involve liquidation of property regimes, occupation of the family home, and equitable arrangements where allowed by law.
- Deadlines: Actions for relative nullity are subject to strict time limits that depend on the specific ground. You should seek legal advice promptly to avoid losing your right to file.
- Cross-border recognition: Where international elements are present, the jurisdiction and recognition of annulment decisions may be governed by EU Regulation 2019-1111 on matrimonial matters and parental responsibility and by the Belgian Code of Private International Law. Foreign annulments can be recognized in Belgium if legal conditions are met.
- Religious annulments: Only civil courts change civil status in Belgium. A religious annulment has no civil effect unless and until a civil court decision is obtained and registered.
Annulment declares that the marriage was invalid from the start due to a fundamental defect at the time of celebration. Divorce ends a valid marriage because of events that occurred after the marriage was formed. The choice depends on your facts and legal grounds.
Common grounds include lack of free and informed consent, error about the person, duress, mental incapacity to consent, pre-existing marriage, prohibited degrees of kinship, underage marriage without proper authorization, or serious formal defects during the marriage ceremony or registration.
You may file in Hasselt if Belgian jurisdiction criteria are met, typically based on habitual residence of one or both spouses. In cross-border situations, EU rules and Belgian private international law determine whether the Hasselt Family Court can hear the case.
Timeframes vary depending on the complexity of the grounds, whether the case is contested, court schedules, and whether interim measures are needed. Simple uncontested cases can finish in months. Contested cases with expert evidence can take longer.
Yes. The Family Court can make orders on parental responsibility, residence, contact, child maintenance, and use of the family home. It can also address property regime issues and equitable financial consequences where the law provides for them.
Yes. Children retain their rights, including filiation, parental responsibility arrangements, and maintenance. Belgian law protects children regardless of the marriage status.
Annulment involves specific legal grounds, strict deadlines, and procedural rules. A lawyer is strongly recommended to assess eligibility, prepare evidence, and represent you before the Hasselt Family Court.
Expect to provide identity documents, your marriage certificate, population register extracts, and evidence supporting the ground for annulment such as witness statements, emails or messages, medical or psychological reports, or proof of a prior existing marriage. Your lawyer will tailor the document list to your case.
No. Only a civil court decision changes your civil status in Belgium. A religious annulment has no civil effect unless followed by a civil annulment recognized and registered by the authorities.
Costs include court fees and lawyer fees, which vary by complexity. Income-based legal aid may be available through the Bureau for Legal Aid in Limburg, which can appoint a pro bono or partially subsidized lawyer if you qualify.
- Family Court of the Court of First Instance of Limburg - Family and Juvenile Division.
- Public Prosecutor at the Court of First Instance of Limburg for matters involving absolute nullity.
- City of Hasselt - Civil Registry office for civil status records and registration of court decisions.
- Federal Public Service Justice - information on family law and court procedures.
- Bureau for Legal Aid Limburg - income-based legal aid and lawyer appointment.
- House of Justice Limburg - practical guidance and referrals for family matters.
- Federal Mediation Commission - information on accredited family mediators for related disputes.
- Document your situation: Gather your marriage certificate, identity documents, and any evidence related to the ground for annulment.
- Get early legal advice: Consult a family law lawyer in Hasselt to assess whether annulment is possible or whether divorce is more suitable. Early advice is essential due to possible filing deadlines.
- Check jurisdiction and language: Confirm that the Hasselt Family Court has jurisdiction and prepare for Dutch-language proceedings. Your lawyer can handle translations if needed.
- Consider interim measures: If you need urgent arrangements for children, housing, or finances, ask your lawyer to request provisional measures.
- Address cross-border issues: If marriage or spouses have links to other countries, discuss recognition, applicable law, and enforcement with your lawyer.
- Plan for registration: After a court decision, ensure it is recorded with the civil registry so your civil status is updated.
- Explore legal aid: If you have limited income, contact the Bureau for Legal Aid in Limburg to see if you qualify for subsidized representation.
