Best Marriage Lawyers in Herentals

About Marriage Law in Herentals, Belgium

Marriage in Herentals, Belgium, is governed by the Belgian Civil Code, which establishes the legal requirements, rights, and responsibilities of couples seeking to marry. Herentals, located in the province of Antwerp, follows the national laws with additional local administrative procedures managed by the municipality. Couples, regardless of nationality, must comply with the legal requirements, including providing the necessary documents and fulfilling residency criteria. Both opposite-sex and same-sex marriages are legally recognized in Belgium, including in Herentals.

Why You May Need a Lawyer

Seeking legal advice before, during, or after marriage can help individuals navigate the complex legal landscape. Some common situations where legal assistance may be necessary include:

• Understanding prenuptial agreements or marital contracts
• Dealing with complex family or international law matters, especially in cases of different nationalities
• Protecting personal assets or business interests
• Questions about residence status or marriage recognition for foreign nationals
• Settling matters related to property, inheritance, or joint finances
• Preparation and submission of documents if there are previous marriages or divorces
• Dealing with disputes that may arise during the marriage or in the event of separation or divorce
• Handling issues related to children such as custody or adoption

A lawyer can ensure that all procedures are correctly followed and your rights are protected.

Local Laws Overview

Marriage in Herentals is primarily regulated by federal Belgian law but subject to some local procedures:

• Both parties must be at least 18 years old, unless an exception is granted by a juvenile court
• Marriage is only performed if both individuals provide voluntary and free consent
• Same-sex and opposite-sex marriages have equal legal standing
• To marry in Herentals, at least one partner must be officially registered as a resident of the municipality
• The couple must submit certain documents to the local civil registry office, including birth certificates, proof of identity, and proof of residence
• A minimum waiting period of 14 days applies from the day of declaration to the actual wedding ceremony
• Foreign nationals may need to provide additional documents such as certificates of marital status
• The civil ceremony must be performed before any religious ceremony, and it is the only legally recognized form of marriage

Frequently Asked Questions

What are the basic legal requirements to get married in Herentals?

Both partners must be at least 18, provide voluntary consent, and at least one must be registered as a resident in Herentals. Necessary documents must be submitted to the civil registry.

Can foreign nationals marry in Herentals?

Yes, foreign nationals can marry in Herentals if at least one partner is officially registered there. They may need to provide additional paperwork, such as a certificate of no impediment from their home country.

What documents are needed to get married?

Typically, each partner must submit a birth certificate, proof of identity, proof of residence, and where applicable, evidence regarding previous marriages or divorces.

Is a religious marriage legally recognized in Belgium?

No, only the civil marriage performed at the municipal registry office is legally recognized. Religious ceremonies may be held but have no legal effect unless preceded by a civil marriage.

How long do I have to wait after submitting a marriage declaration?

There is a statutory waiting period of at least 14 days from the declaration date before the marriage can take place.

Are prenuptial agreements recognized in Belgium?

Yes, prenuptial agreements, known as marital contracts, are legally recognized and must be drafted by a notary. Legal guidance is strongly recommended.

Can same-sex couples marry in Herentals?

Yes, same-sex marriage has been legal throughout Belgium since 2003, and Herentals fully recognizes these unions.

What if one partner does not speak Dutch?

An official interpreter may be required during the ceremony to ensure both parties fully understand and consent to the marriage.

Who can officiate marriages in Herentals?

Only a civil registrar at the Herentals municipality can officiate a legally recognized marriage.

How can I get a marriage certificate after the ceremony?

You can request a copy of your marriage certificate from the civil registry office in Herentals where the marriage took place.

Additional Resources

For further information or assistance, consider contacting:

• The Herentals Civil Registry Office (Burgerlijke Stand)
• The Belgian Federal Public Service Justice (Federale Overheidsdienst Justitie)
• Local family law attorneys
• Notaries specializing in marital contracts
• Belgian embassies or consulates for foreign nationals

These organizations can provide practical information and explain detailed administrative requirements specific to your situation.

Next Steps

If you require legal advice or wish to ensure your marriage complies with all legal requirements, it is recommended to:

• Consult the Herentals Civil Registry Office to clarify document requirements and procedures
• Contact a local family law lawyer, especially if your situation involves international elements, previous marriages, or considerable assets
• Seek guidance from a notary if you are considering a prenuptial or marital contract
• Prepare all relevant documentation in advance to avoid delays

A legal professional can help you understand your rights, responsibilities, and ensure a smooth process. Taking these steps will provide peace of mind and clarity as you move forward with your marriage in Herentals.