By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Belgium provides a structured and formalized approach to prenuptial and marital agreements. In the absence of a marriage contract, couples are automatically governed by Belgium’s statutory default regime, which is a separation of assets with a community of acquisitions. To create a different financial regime, or to customize the terms, spouses must execute a marriage contract before a Belgian notary.
Formal Requirements and the Role of the Notary
A Belgian marriage contract must be prepared as an official notarial deed. Belgian notaries are required to remain objective, ensuring both parties fully understand the terms, consequences, and long-term impact of the agreement. This obligation is taken seriously; a notary may be held liable for damages if the contract is unfair, unbalanced, or executed despite a conflict of interest.
Certain limits apply. A marriage contract may not violate:
● Belgian rules of public order
● Fundamental principles governing the rights and duties of spouses
● Rules on managing community assets
Additionally, Belgian law prohibits spouses from pre-emptively waiving maintenance rights prior to the dissolution of the marriage (Article 301, §9 of the former Civil Code).
Representation, Registration, and Third-Party Protection
A spouse who cannot appear in person may sign through a special power of attorney executed before a notary. Marriage certificates must reference:
● The date of the marriage contract
● The name and address of the notary
● The type of marital regime chosen
Without this information, deviations from the statutory regime cannot be enforced against third parties who acted without knowledge of the contract.
For post-marital agreements that modify an earlier contract, one spouse may request full disclosure of the other’s assets and debts under Article 1394, paragraph 2 of the Civil Code. Real estate transfers connected to the marriage contract must also be recorded with the mortgage registration office.
All Belgian marriage contracts must be filed in the Central Register of Marriage Contracts. Agreements involving disproportionate distribution arrangements or the designation of an heir must also be registered with the Central Register of Last Wills and Testaments. If one spouse is a merchant, the contract must be filed with the Commercial Court registry within one month.
Couples may amend their marriage contract during the marriage, subject to the same formalities.
Recognition of Foreign Prenuptial and Postnuptial Agreements
Belgium recognizes foreign marital agreements under the Belgian Code of Private International Law, except where the EU Matrimonial Property Regulation (2016/1103) applies. In both frameworks, recognition depends on compliance with Belgian public policy, a key standard in cross-border enforcement.
Our Cross-Border Experience
At Multi-Jurisdictional Divorce, PLLC, we frequently assist clients who hold Belgian marital agreements or who need to develop prenuptial arrangements designed to operate across borders. International family lawyer Elena Giannattasio in New York and San Francisco coordinate closely with Belgian notaries and local counsel to ensure each agreement meets the country’s formal requirements while remaining consistent with our clients’ global needs.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in Belgium and does not advise on Belgian Law. All information is provided strictly for general educational purposes and is not legal advice.