Legal cohabitation

Checklist

• Conditions

  Two persons sharing a dwelling in Belgium can legally cohabit. This does not only apply to partners. You can also legally cohabit with relatives such as a brother or sister, a parent or a child, or with someone else with whom you do not have a sexual relationship.

  You can only sign a declaration of legal cohabitation if

  • you are legally competent to conclude a contract
  • are not married
  • and do not legally cohabit with someone else.
  • minstens 18 jaar bent

  Evidence

  • The identity cards of both cohabitants.

  • If only one of the partners is available to attend the appointment: standard form (completed and signed by both parties) and a letter of attorney along with a full copy of the absent party's identity card.

  If you are registered in the population or foreign nationals register, the registrar of births, deaths, and marriages will check your civil status in the National Register.

  If you are not registered or your marital status is not known, you must prove your marital status yourself by means of one of the following documents (maximum six months old):

  • a certificate of unmarried status
  • an extract from the divorce certificate if you are divorced
  • or an extract from the death certificate if you are a widow(er)

  • on consideration of the matter, you may be asked to produce additional documents

    If any of these documents were drawn up in another country, they must be legalised and translated to Dutch by a sworn translator.

• Procedures

  You declare the legal cohabitation together with your partner or cohabitant before the registrar of births, deaths, and marriages. The declaration contains the following information:

  • date of the declaration
  • surname, first names, place and date of birth, signature of both parties
  • joint domicile
  • indication of the willingness of both parties to live together legally
  • indication that both parties have read Articles 1475 to 1479 of the Civil Code which regulates the status of the legal cohabitation prior to the declaration
  • and the reference to the cohabitation contract, if any, drawn up by a notary prior to the declaration.

  
  

  If you are registered in Mechelen, make an appointment with the registrar of births, deaths and marriages at the Huis van de Mechelaar. You and your partner can make the declaration together at the counter or complete and sign the standard 'declaration of legal cohabitation’ form beforehand. If you make use of the standard form, only one of you need attend the appointment provided you bring a letter of attorney and a complete copy of the other's identity card.
  
  

  The legal cohabitation can be terminated in the following ways:
  
  

  • by mutual consent of both parties. This is free of charge. You and your partner can terminate the legal cohabitation together at the counter or complete and sign the standard 'termination of legal cohabitation’ form beforehand. If you make use of the standard form, only one of you need attend the appointment provided you bring a letter of attorney and a complete copy of the other's identity card.

  • or unilaterally by one of the cohabitants by means of a written statement delivered to the register office of the municipality
  • by marriage
  • or by the death of one of the cohabitants

• Amount

  In the case of unilateral termination: a party that terminates the legal cohabitation must at their own expense serve notice of termination on the other party by means of a process server. Unilateral termination costs €210.