9 Which is the competent authority to turn to in cases of disputes and other legal issues?
For all legal actions brought, judgments given and acts issued until 28 January 2019, the Belgian courts have international jurisdiction in the event of disputes relating to the matrimonial property law if both spouses jointly bring a claim and one of the spouses has his/her habitual residence in Belgium at the time the claim is introduced, or if the spouses’ last common habitual residence was in Belgium less than 12 months before the introduction of the claim, or if the claimant spouse has had his/her habitual residence in Belgium for at least 12 months at the time the claim is introduced, or if both spouses have Belgian nationality at the time the claim is introduced (Art. 5 and 42 Code D.I.P.).
For all legal actions brought, judgments given and acts issued on or after 29 January 2019, regardless of the date of marriage, Council Regulation (EU) No 2016/1103 of 24 June 2016 will apply.
This Regulation provides that the competent authorities will be as follows:
- For matters relating to the matrimonial regime in the event of the death of one of the spouses, jurisdiction lies with the court competent for the succession (Art. 4).
- In matters relating to the matrimonial property regime in the event of an application for divorce, legal separation or marriage annulment, jurisdiction generally falls to the court competent to rule on the matrimonial dispute.
- In other cases, the spouses may agree that jurisdiction shall lie with the Member State whose law is applicable or with the Member State where the marriage is concluded. Such an agreement must be in writing, dated and signed by the parties. In the absence of an agreement, the courts of the Member State shall, as a general rule, have jurisdiction to settle any question relating to their matrimonial property regime other than in the event of the death of one of the spouses or a matrimonial dispute:
- of the spouses’ common habitual residence at the time the court is seised; or failing that
- of the spouses’ last habitual residence, insofar as one of them still resides there; or failing that
- of the habitual residence of the respondent; or failing that
- of the spouses’ common nationality.
With the exception of any litigation, notaries in Belgium are not bound by these rules of jurisdiction and may therefore act freely, for example in drafting a marriage contract or a choice of law agreement.
