Ending a marriage and opting for divorce often marks the start of an emotional and legal journey. Many people facing this journey are unaware of the legal proceedings, alimony obligations, and overall costs involved in getting divorced. This is particularly true for divorces involving substantial assets, expats in international contexts, and entrepreneurs with one or more businesses. In this article, we outline the typical expenses associated with getting divorced and provide additional insight into some key considerations for expats and entrepreneurs.
What does a divorce cost in Belgium?
Divorce costs in Belgium vary depending on the type of divorce according to Belgian law and the level of agreement between the spouses and the success of mediation in obtaining early settlements:
- Divorce by mutual consent: This is generally the least expensive option. Costs primarily include court fees and any fees for drafting agreements.
- Divorce due to irreparable disruption: If one party contests the divorce or disputes arise, the process may become complex, expensive and time-consuming. In such cases, part of the costs come from legal fees, which largely depend on the complexity of the case, the grounds for divorce, and the need for court interventions. Additionally, expenses may include fees for a judicial officer or bailiff, whose role in serving legal documents and enforcing court decisions can add significant costs, especially in an international context.
- Additional fees: In many divorce proceedings, additional costs are to be expected for notarized agreements, translations of international documents and potentially fees for expert valuations of certain assets, businesses and immovable properties owned by the ex-partners. Moreover, the divorce may also entail post-divorce expenses, such as alimony.
Are there additional costs for entrepreneurs?
Entrepreneurs may face unique challenges during divorce proceedings, particularly when business assets are involved, such as:
- Business valuation: If your company is considered part of the marital estate, its value must be determined. Hiring financial experts or valuators can add substantial costs, which often start from €1,000 or more.
- Liquidation or buyout costs: If one spouse retains ownership of the business, the other may be entitled to compensation for their share. This often requires refinancing or liquidating business assets. However, whether such compensation is applicable depends on the marital property regime or prenuptial agreement in place, as these determine how business assets are classified and divided during the divorce..
- Tax implications: Dividing company assets (as well as any other marital assets) may trigger tax liabilities, including capital gains tax, registration fees for property transfers, or other taxes depending on the nature of the asset. For entrepreneurs and expats, relocating assets or altering residency status during or after the divorce can also have significant tax implications, as different jurisdictions may apply distinct tax rules.
Are there additional costs for expats or international relationships?
Expats and those in international marriages often encounter extra hurdles that can increase divorce costs:
- Jurisdictional issues: Determining which country’s laws apply to your divorce can be complex and often require legal representation in multiple jurisdictions.
- Document translations: Official documents, such as marriage certificates and financial records, often need translation and certification.
- Child custody across borders: International custody arrangements might involve additional legal procedures, travel expenses, and mediation services to ensure compliance with both local and international laws.
Should you hire a lawyer specializing in family law?
Divorces involving capital and other assets, businesses or cross-border issues require specialized legal guidance. Understanding the costs associated with divorce in Belgium can help you prepare financially and emotionally for the process. A lawyer specializing in Belgian family law and property rights ensures that your interests are protected while adhering to the law.
Keyser Lawyers offers extensive expertise in managing the legal and financial complexities of divorce cases. Particularly in international cases, working with a lawyer who has experience navigating cross-border legal challenges can be highly beneficial. Familiarity with international legal frameworks, procedural differences, and potential pitfalls allows for swift action and strategic decision-making, ensuring a smoother process. They can assist in safeguarding the personal, financial, and business interests of their clients and can provide comprehensive support for international legal challenges their clients may face. If you have questions or need assistance, contact Keyser Lawyers for expert guidance. Our team is here to provide clear, actionable advice customized to meet your specific needs.
