New simplified procedure for name change in Belgium effective since July 1

On July 1, Belgium introduced a new, simplified procedure for name changes. This reform aims to make the process more accessible and efficient for citizens wishing to change their names for various reasons, such as personal preference, gender identity, or family circumstances. The changes mark an important step in modernizing Belgian naming legislation.

Previously, changing one’s name in Belgium was complex and time-consuming, with many administrative obstacles. It often required an extensive legal procedure, including submitting an application to the Ministry of Justice. This could take months, if not years, and incur significant costs. The new legislation aims to reduce this bureaucratic hassle and enable citizens to change their names more quickly and easily.

What’s new?

  1. Local authority: One of the most notable changes is that approving name changes now lies with the local civil registry instead of the Ministry of Justice. This makes the process less centralized and more accessible to the average citizen.
  2. Accelerated procedure: The new legislation introduces an accelerated procedure for name changes. This means that in most cases, the decision can be made within a few weeks, provided all necessary documents are correctly submitted.
  3. Cost reduction: The costs for a name change have been significantly reduced. Where previously substantial administrative fees could accumulate, the rates are now lowered to make it financially feasible for more people.
  4. Simplified documentation: The documentation requirements have been simplified. Applicants now need to submit fewer proof documents, and the procedures are streamlined to avoid unnecessary delays.

Conditions

Despite the simplification, some conditions and requirements still need to be met:

  1. Reason for name change: The applicant must provide a valid reason for the name change. This can range from personal preference, marriage, divorce, adoption, to reasons related to gender identity.
  2. Age: Persons under 18 years old must have permission from their parents or legal guardian.
  3. No fraudulent intent: The new name must not be chosen with fraudulent intent, such as evading debts or criminal prosecution.

The introduction of the new procedure has generally been well received. Supporters praise the reform as a step forward in protecting individual rights and adapting to modern societal norms. Organizations advocating for LGBTQ+ rights have welcomed the legislation as it facilitates the legal recognition of gender identity.

However, there is also some criticism. Some legal experts fear that decentralizing decision-making authority to local authorities could lead to inconsistencies in the implementation and interpretation of the law. Others point to potential risks of abuse, although the requirements and controls are designed to minimize this.

Do you have further questions about this procedure, or are you unsure how to proceed? We are happy to assist you further.

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Do you have questions about (international) divorce, inheritance or family law? Keyser Lawyers handles, among others, divorces and cases concerning maintenance, inheritance and parentage. Contact our law firm in Antwerp for a consultation with lawyers specialised in family law and family estate law, both in Belgium and abroad.

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