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Orban & Töller
Eupen, Belgium

Founded in 1977
English
Orban & Töller, established in 1977 in Eupen, Belgium, is a distinguished law firm offering comprehensive legal services across various domains. The firm's multilingual team is proficient in German and French, with capabilities in Dutch and English, ensuring effective communication with a diverse...
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About Marriage Law in Eupen, Belgium

Eupen, located in the German-speaking region of Belgium, follows Belgian federal law regarding marriage. As a border city with its own cultural identity, Eupen offers both civil and religious marriage ceremonies. Only civil marriages are legally recognized in Belgium. These must be conducted at the local town hall, after which couples may choose to hold a religious ceremony if they wish. Marriage in Eupen is governed by strict laws about consent, legal age, residency, and documentation. Couples should be aware that legal requirements may vary slightly depending on nationality and residency status.

Why You May Need a Lawyer

While marrying in Eupen can seem straightforward, various situations often require professional legal advice. Some of these situations include:

  • International or cross-border marriages, where at least one partner is a foreign national
  • Complex residency or citizenship issues
  • Pre-nuptial or post-nuptial agreements
  • Uncertainty about required documentation or translation needs
  • Potential disputes over marital property or inheritance
  • Previous divorces or annulments
  • Concerns regarding adoption or parental rights within the marriage
  • Questions about recognition of foreign marriages

A lawyer can provide guidance, help prepare necessary documentation, and ensure all legal requirements are met to avoid complications.

Local Laws Overview

Marriage in Eupen is governed under the Belgian Civil Code. Some key aspects include:

  • Legal age: The minimum age is 18. Exceptions must be granted by a family judge.
  • Civil Marriage Required: Only civil marriages, performed at the town hall, are legally recognized.
  • Residency Requirements: At least one partner must reside in Eupen or have a strong connection to the city.
  • Documentation: Birth certificates, proof of identity, proof of residence, and, if applicable, divorce or death certificates are required.
  • Banns: The intention to marry must be publicly posted at the local administration for at least 14 days in advance.
  • Witnesses: Couples must provide at least two and not more than four witnesses for the ceremony.
  • Foreign Nationals: Additional documentation and legalizations may be required for non-Belgian partners.
  • Same-sex Marriage: Belgium recognizes same-sex marriages without distinction.

Religious marriage ceremonies are optional and must be performed after the civil marriage.

Frequently Asked Questions

Is a religious ceremony legally binding in Eupen?

No - only a civil marriage conducted at the town hall is legally recognized. Religious ceremonies are optional and cannot take place before the civil ceremony.

What is the legal age for marriage in Eupen?

The minimum age is 18. A family court judge may grant exceptions in special circumstances.

Can foreigners marry in Eupen?

Yes - foreigners may marry in Eupen provided that at least one partner has a legal residence in the city and all documentation requirements are met.

What documents are needed to get married?

Typically, both partners must provide valid IDs, birth certificates, proof of residence, and any documents relating to previous marriages or divorces, along with translations and legalizations if needed.

How long does the process take?

After submitting all required paperwork, there is a minimum 14-day waiting period during which the marriage banns are posted publicly.

Is same-sex marriage allowed?

Yes - same-sex marriage has been legal in Belgium since 2003 and is fully recognized in Eupen.

Do we need witnesses for the marriage?

Yes - marriages must be witnessed by at least two people and no more than four during the civil ceremony.

Are pre-nuptial agreements common?

They are increasingly common, especially in cases involving significant assets, international couples, or complex inheritance situations. A notary or lawyer should draft such agreements.

What if my documents are not in German or French?

All documents must be translated by a sworn translator and, in some cases, legalized or apostilled, depending on your country of origin.

What happens if I was previously married?

You must provide official proof of divorce or a former spouse's death certificate. Additional waiting periods may apply.

Additional Resources

If you have more questions or require assistance, consider contacting:

  • The Eupen Town Hall (Stadtverwaltung Eupen) - Civil Registry Office
  • Belgian Federal Public Service Justice (Service public fédéral Justice)
  • German-speaking Community of Belgium administrative offices
  • Local notaries and lawyers specializing in family law
  • Consulates or embassies for foreign nationals
  • Local marriage bureaus for document handling and translation services

Next Steps

If you anticipate any challenges with your marriage process in Eupen or are unsure about legal requirements, consider the following steps:

  1. Gather all necessary documents for both partners, including translations and legalizations if needed.
  2. Contact the Eupen town hall's Civil Registry Office to book an appointment and verify specific requirements for your situation.
  3. Consult with a local lawyer specializing in family law to review your documents, answer legal questions, and help with prenuptial agreements if applicable.
  4. Review any additional requirements for foreign nationals with your embassy or consulate.
  5. Plan for your witnesses and confirm the date for your civil ceremony.
  6. Ask your lawyer about post-marriage legal matters, such as changes in residency, citizenship, and property rights, especially for international couples.

By taking these steps and seeking professional advice early, you can confidently navigate the marriage process in Eupen, Belgium.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.