Best Marriage Lawyers in Hasselt
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
List of the best lawyers in Hasselt, Belgium
About Marriage Law in Hasselt, Belgium
Marriage in Hasselt is governed by Belgian federal law and administered locally by the civil registry of the City of Hasselt. Belgium recognizes civil marriage as the only legally valid form of marriage. Any religious or symbolic ceremony is optional and may only take place after the civil ceremony. The legal framework covers eligibility to marry, required documents, procedural steps, capacity and consent, prohibited degrees of kinship, and property consequences of marriage. Same-sex marriage has been legal in Belgium since 2003. The default matrimonial property regime is a form of community of acquisitions, and couples can opt for a different regime by signing a notarial agreement before the wedding.
To marry in Hasselt, at least one partner must have a sufficient link with the municipality, typically registration or habitual residence. The civil registrar examines the file, verifies documents, and schedules the ceremony. Non-Belgian documents usually require an official translation into Dutch and legalization or an apostille. A minimum waiting period commonly applies between acceptance of the file and the ceremony, although urgent cases can sometimes be authorized. The city can verify the authenticity and intent of the marriage and may investigate suspected sham marriages.
This guide provides general information. It is not legal advice. For guidance about your specific situation, consult a qualified lawyer or notary.
Why You May Need a Lawyer
People planning to marry in Hasselt often manage routine steps without legal counsel, but a lawyer can be valuable in several situations. International couples frequently need help with foreign documents, translations, legalization or apostille requirements, and proof of capacity to marry when their home country’s rules differ from Belgian rules. If the civil registrar opens an investigation into a suspected sham marriage, a lawyer can assist with evidence, deadlines, and communication with the authorities.
Couples who want a customized matrimonial property regime benefit from coordinated advice from a lawyer and a notary, especially when there are business assets, international property, or children from previous relationships. A lawyer can also advise on name usage, residence rights for non-EU partners, and the interaction between marriage and immigration permits. If one partner is under 18 or if there are impediments to marriage, court authorization is required, and legal representation is advisable. Finally, where there are concerns about domestic violence, urgent protection orders, or coercion, a lawyer can help safeguard safety and legal rights before any marriage is concluded.
Local Laws Overview
Jurisdiction and venue in Hasselt: At least one partner must be registered in Hasselt’s population register, foreigners register, or proof of habitual residence must be shown. The civil registrar of Hasselt handles the pre-marital file, scheduling, and the ceremony. The ceremony takes place before the registrar or a designated official at city facilities.
Eligibility and consent: The general minimum age is 18. The family court can grant an exception in limited circumstances. Free and full consent is required. Marriages are prohibited between close relatives as defined by Belgian law, subject to limited judicial exceptions.
Documents: Typical documents include proof of identity, birth certificate, proof of civil status, and proof of residence or registration. Foreign documents must usually be legalized or bear an apostille and be translated into Dutch by a sworn translator unless bilingual or otherwise accepted. Some nationals may need a certificate of legal capacity to marry issued by their national authority. Additional documents can be requested depending on individual circumstances.
Procedure and timing: After the file is complete and accepted, a waiting period commonly applies before the civil ceremony. The registrar can expedite in urgent cases with proper justification. The city may conduct checks to prevent sham marriages. If doubts persist, the registrar can postpone the marriage and notify the public prosecutor. You may choose zero to four witnesses, subject to identification requirements, and the municipality sets available days and times, with possible supplements for weekends or special venues.
Property consequences: Unless the couple signs a prenuptial agreement before a notary, the default regime is community of acquisitions. Property owned before marriage and certain personal assets remain individual, while assets acquired during marriage are generally joint. Couples can opt for separation of property or other arrangements by notarial deed. Consider cross-border implications if either spouse has assets or residence ties in another country.
Name and parental matters: Spouses keep their legal surnames after marriage, although social use of a partner’s name is permitted in certain contexts. Marriage does not automatically change parental authority rules, which are governed by Belgian family law. Adoption, recognition of parentage, and assisted reproduction involve separate procedures.
Immigration considerations: Marriage to a Belgian or EU citizen can influence residence rights but does not guarantee them. Non-EU partners must meet immigration requirements. Authorities may verify cohabitation and the genuineness of the relationship for residence applications.
Frequently Asked Questions
Who can get married in Hasselt?
Any two persons who meet Belgian legal conditions can marry in Hasselt if they have a sufficient link to the municipality, usually registration or habitual residence of at least one partner. Both must have the legal capacity to marry, be at least 18 unless a court grants an exception, and freely consent.
What documents do we need to submit?
You typically need valid identification, a recent birth certificate, proof of civil status, and proof of residence or registration. Foreign documents may require an official Dutch translation and legalization or apostille. Depending on nationality and prior marital history, the registrar may request a certificate of legal capacity to marry and documents proving dissolution of any previous marriage.
How long does the process take?
Timing depends on how quickly you assemble a complete file, the need for translations or legalizations, and the city’s schedule. After the registrar accepts the file, a minimum waiting period commonly applies before the ceremony. Urgent ceremonies may be possible with proper justification and approval.
Do we need witnesses?
Belgian law allows zero to four witnesses. If you choose witnesses, they must provide identification and meet any age or competence requirements set by the registrar. Check availability and administrative details when you book the ceremony.
Can foreigners marry in Hasselt?
Yes, provided the legal conditions are met and there is a sufficient link to Hasselt. Foreign partners often need a certificate of legal capacity to marry from their home country. Documents not issued in Dutch generally require translation and legalization or apostille. If a foreign authority cannot issue a certificate, the registrar may assess capacity based on other evidence.
What is a prenuptial agreement and do we need one?
A prenuptial agreement is a notarial deed that sets or modifies the matrimonial property regime, such as separation of property or specific community rules. You are not required to have one. Without it, the default Belgian regime applies. A notary can help tailor terms to protect business assets, address debt allocation, or plan for inheritances and children from previous relationships.
What is the default property regime in Belgium?
The default regime is community of acquisitions. Property owned before the wedding and certain personal assets remain individual, while most assets acquired during marriage are joint. Income earned during marriage is generally part of the community, and there are detailed rules for liabilities. For cross-border couples, conflict-of-law rules can affect which regime applies, so early legal advice is wise.
Can we have a religious ceremony only?
No. Only a civil marriage conducted by the registrar has legal effect. Any religious or symbolic ceremony may take place only after the civil ceremony. Performing a religious ceremony first is not allowed.
Will my surname change after marriage?
No automatic legal name change occurs. Each spouse keeps their legal surname. You may use your partner’s name socially in certain contexts, subject to administrative conventions, but your legal name in official records remains unchanged unless you follow a separate legal name change procedure.
What happens if the registrar suspects a sham marriage?
If there are indications that the marriage is intended primarily to obtain a residence right or other advantage, the registrar can investigate, request additional documents, interview the couple, postpone the ceremony, and inform the public prosecutor. You have the right to be heard and to submit evidence. A lawyer can help you respond promptly and effectively.
Additional Resources
City of Hasselt - Civil Registry Department, Burgerlijke Stand. This office handles marriage files, document intake, scheduling, ceremonies, and witness registration.
Federal Public Service Interior - Civil Registry guidance. Provides national rules on civil status documents, marriage conditions, and procedures.
Federal Public Service Foreign Affairs - Legalization and apostille. Offers information on apostilles, legalization, and sworn translations for foreign documents.
Family Court of the Court of First Instance Limburg, Hasselt division. Handles underage marriage authorizations, certain impediments, and related family law matters.
Flemish Bar Association and Balie Limburg. Can help you find a family law or immigration law attorney in the Hasselt area.
Notarial profession in Belgium. A notary can draft prenuptial agreements, advise on matrimonial regimes, and coordinate cross-border property planning.
Migration and integration services. Useful for residence procedures following marriage to an EU or Belgian citizen and for guidance on documentation and cohabitation checks.
Equality and anti-discrimination bodies. Offer support in cases involving discrimination related to marriage or family status.
Next Steps
Clarify your situation and timeline. Decide where you will marry and confirm your link to Hasselt. Identify any international elements that may affect documents and legalization. Set an approximate ceremony date so you can work backward to meet deadlines.
Collect documents early. Request recent civil status documents, arrange sworn translations into Dutch if needed, and obtain apostilles or legalizations. Keep copies of everything. Ask the Hasselt registrar which originals and formats they accept.
Book a meeting with the civil registry. Confirm available ceremony dates and witness options, fees for standard and weekend ceremonies, and any local requirements. Ask about typical processing times and any waiting period.
Consider a prenuptial agreement. If you want terms different from the default regime, consult a notary well before filing your marriage application. If you own a business or have international assets, ask about cross-border effects.
Seek legal advice when needed. Contact a lawyer if you face complex documentation, an investigation into the genuineness of the relationship, underage or impediment issues, immigration questions, or safety concerns. Bring your documents to the consultation for a targeted assessment.
Prepare for the ceremony. Confirm witnesses and identification, finalize logistics with the city, and verify that all fees are paid. If you plan a religious or symbolic ceremony, schedule it only after the civil ceremony.
Remember that this guide is general information, not legal advice. Laws and procedures change, and municipalities may apply local practices. For precise guidance on your case in Hasselt, contact the civil registry, a notary, or a qualified lawyer.
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.