BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien
2.6 Cohabitation In Belgium, partners can enter into a free union or opt for registered partnership (legal cohabita - tion). To opt for registered partnership, the partners make a declaration together at the registrar of civil status. Registered partnership can be ter - minated unilaterally. Some obligations of married couples are applicable to registered partners, such as the obligation to contribute to family expenses in proportion to their income. As far as assets are concerned, they are not subject to a matrimonial property regime the way married couples are. Each of them remains owner of their property and maintains exclusive ownership. If neither of the partners can provide proof of ownership over an asset, said asset is deemed undivided property. If the relationship between the registered part - ners is seriously disrupted, the Family Court can order interim measures (eg, maintenance) under certain circumstances. In any event, those measures expire on the day the registered part - nership is terminated. However, there is no legal basis for maintenance after separation for registered partners. Very exceptionally, a form of maintenance may be granted by the court – albeit for a very limited time – during a transitional period. However, the partners may provide for the possibility of main - tenance payments under a registered partner - ship agreement (drawn up by a notary). Unmarried partners in a de facto cohabitation arrangement lack legal rights and protections. Should they separate, there are no existing legal safeguards in place.
and the dependent children during cohabita - tion or thereafter. • The maintenance allowance may not exceed one third of the income of the debtor. • Apart from in exceptional circumstances, the duration of maintenance should not exceed the duration of the marriage. • If necessary, the court may decide that the benefit will be degressive and to what extent. 2.5 Prenuptial and Postnuptial Agreements Belgian Pre- or Postnuptial Agreements Spouses are free to deviate from the statutory regime by utilising a prenuptial or postnuptial agreement, thereby allowing them to customise their matrimonial property arrangements before and during the marriage. They are free to estab - lish their own system, as long as the chosen arrangement complies with the law and public policy. If it does, the court will honour the provi - sions of the marriage contract. This contract must be drawn up by a notary. In the contract, the parties can define their eco - nomic and financial relations, establish the rules for proving ownership of their goods, and deter - mine how they will manage the assets. However, spouses cannot waive the rights to maintenance before the dissolution of the marriage (Article 301, Section 9 of the old Belgian Civil Code). Foreign Pre- or Postnuptial Agreements Recognition of foreign prenuptial and postnup - tial agreements in Belgium is governed by the Matrimonial Property Regulation No 2016/1103 (Article 36) or the Belgian Code of Private Inter - national Law (Article 27) for pre- or postnuptial contracts from countries that are not member states of the EU (whichever one is applicable).
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