Last updated: 2026-05-23
On this page:
1. What is EOT and how does the procedure work?
2. The cost estimate: court fees, lawyer, and notary
3. Matrimonial property regime: the basis for the division
4. The family home: buy out, sell, or keep jointly
5. Pension, savings, and investments at divorce
6. Timeline: from filing to registration
7. Practical checklist
Introduction
A divorce is already emotionally draining. Navigating its financial consequences while in the middle of a personal crisis makes things harder still. Yet the choices you make in the first few weeks — about the property, pension rights, mortgage, and bank accounts — determine the financial outcome for years to come.
In Belgium, most couples opt for divorce by mutual consent (EOT — echtscheiding door onderlinge toestemming), the most common route. It is cheaper and faster than divorce on grounds of irretrievable breakdown (EOO — echtscheiding op grond van onherstelbare ontwrichting), but it requires that you and your partner agree on all points before approaching the court. If full agreement cannot be reached, options still exist — notably through mediation.
This article explains what to expect: what costs are involved, how the division of assets works, what happens to your home and pension rights, and which steps to take in which order. This is not legal or financial advice — for that, consult a notary or lawyer. It is a financial framework to help you prepare.
1. What is EOT and how does the procedure work?
EOT stands for divorce by mutual consent (echtscheiding door onderlinge toestemming). The legal basis is the Act of 27 April 2007 on the Reform of Divorce (Belgian Official Gazette (BS) 7 June 2007, NUMAC 2007009493). Since then, there are two main tracks:
- EOT — both partners agree on all consequences: division of assets, child arrangements, property. Fast and affordable.
- EOO (irretrievable breakdown) — one or both partners want to divorce without full agreement. More expensive and slower.
In an EOT, both partners jointly draw up a settlement agreement (regelingsakte) (sometimes multiple agreements). This sets out all arrangements: who stays in the property, how the accounts are divided, who pays what for the children, what happens to pension savings. They then file a petition (verzoekschrift) with the family court (familierechtbank).
The court checks whether the arrangements are legally correct and whether the interests of minor children are sufficiently protected.
Since 1 September 2018, an EOT procedure takes place entirely in writing as a rule. The judge may order a personal appearance at the request of one of the parties, at the request of the public prosecutor’s office, or when the judge considers it necessary — for example when the judge finds that the settlement agreement does not sufficiently protect the interests of minor children.
The divorce is only final after the judgment is registered in DABS (Civil Registry Database — Databank voor Akten van Burgerlijke Stand) — at the earliest one month after the judgment (appeal period).
2. The cost estimate: court fees, lawyer, and notary
The total cost of an EOT varies considerably depending on whether real estate is involved. Below are the three cost components.
Fixed court fees
On filing the petition, you pay a contribution to the Budget Fund for Legal Aid (Begrotingsfonds juridische tweedelijnsbijstand) of €26 (per couple). After the judgment, court roll fees (rolrechten) of €165 are collected by FPS Finance (FOD Financiën) (€82.50 per spouse). Total fixed court fees: ± €191 (source: hegislegal.be — cost EOT, accessed 2026-05-21).
Lawyer fees
For a straightforward EOT without real estate, you can work with a specialist online firm or a family-law lawyer.
Fixed packages offered by specialist online providers typically start around €495–€550 per couple (excl. VAT) (hegislegal.be: €495; echtscheidingshulp.be: €499 all-in) — indicative market figures; compare multiple independent providers for a current price.
If you have more complex arrangements to make — a property, children, a dispute over pension rights — it is best to have a separate lawyer for each party. Expect €750–€2,500 or more per lawyer, depending on complexity and time invested.
Notary costs for real estate
If a property is involved, notarial intervention is mandatory for the transfer or buyout. Notary fees in an EOT are not set by law — the notary determines the amount based on the work done and the responsibility involved (notaris.be — costs EOT (source in Dutch — no verified EN equivalent), accessed 2026-05-21). In addition, you pay:
- Registration tax (division duty — verdeelrecht) on the value of the property. In the Flemish Region, a reduced rate of 1% (standard 2.5%) applies to divisions between ex-spouses — the so-called miserietaks (matrimonial split tax; “informal name for the tax charge on division”). In Brussels and Wallonia, the division duty on partition is standardly 1% for all parties. The 1% rate applies even years after the divorce (VLABEL position paper SP 15172).
- Mortgage deed costs if the mortgage is transferred into one name.
- VAT (21%) on notary fees.
Rough estimate: for a property worth €250,000–€350,000, budget €2,000–€4,000 total notary costs excluding registration tax. Always ask for a detailed estimate from your notary before deciding.
3. Matrimonial property regime: the basis for the division
What you can divide in a divorce depends on your marriage contract (huwelijkscontract) — or the absence of one. In Belgium there are three regimes:
Statutory regime (community of acquisitions — wettelijk stelsel, gemeenschap van aanwinsten) — the most common. Everything you build up during the marriage (salary, investments, savings) falls into the matrimonial community and is divided 50/50. What you owned before the marriage, or what you inherited or received as a gift, remains your personal property.
Separation of property (scheiding van goederen) — everything remains the property of the partner who owns it. At divorce there is little to divide, apart from assets you explicitly purchased together. Popular with the self-employed.
Community of property (gemeenschap van goederen) — everything shared, including what you owned before the marriage. Rarer today.
Practical tip: not sure which regime applies to you?
Your notary can look up the marriage contract (or the absence of one) through the Central Register of Cohabitation and Marriage Agreements (Centraal Register van Samenlevings- en Huwelijksovereenkomsten, CRH), accessible to your notary (notaris.be (source in Dutch — no verified EN equivalent), accessed 2026-05-21).
Under the statutory regime, funds in a joint account, jointly held ETF portfolios, and savings built up during the marriage are in principle part of the matrimonial community and divided 50/50 — unless you agree otherwise in the settlement agreement.
4. The family home: buy out, sell, or keep jointly
The property is the biggest financial question mark in most divorces. You have three options:
Option 1: Sell. Both partners receive their share of the net sale proceeds after repayment of the mortgage and payment of selling costs. Clean and straightforward — but emotionally difficult when children are involved.
Option 2: One partner buys out the other. The partner who stays in the property pays the other their share. The bank must agree to the transfer of the mortgage into one name — this requires a new credit check. The remaining partner must be able to service the monthly repayments alone. If that is not possible, a co-borrower (e.g. a family member) can improve the chances.
Also be aware of the outstanding-balance insurance (schuldsaldoverzekering, SSV): this is not required by law, but the bank usually requires it as a condition in the credit agreement. When one partner takes over the mortgage, the SSV therefore generally needs to be revised. Your insurer can amend the existing policy or you will need a new SSV at your current age and state of health. Check the original credit agreement for the exact SSV requirements.
Option 3: Both partners remain co-owners.
Both partners remain co-owners (mede-eigenaars) of the family home under an arrangement set out in the settlement agreement. The parties can freely determine the duration — for example until the youngest child reaches the age of majority. The statutory five-year maximum from art. 815 of the Civil Code applies only to accidental co-ownership (e.g. an estate) and, since the Court of Cassation judgment of 20 September 2013, does not apply to voluntary co-ownership arising from an EOT. Often chosen when children are young and stability takes priority, but financial ties remain.
Registration tax on buyout: when co-ownership is transferred into one name, a notarial deed is mandatory and you pay 1% division duty (verdeelrecht) (matrimonial split tax — miserietaks — in the Flemish Region) on the total value of the real estate. In the Flemish Region this is a reduced rate (standard 2.5%); in Brussels and Wallonia, 1% is the standard rate for division (VLABEL position paper SP 15172).
5. Pension, savings, and investments at divorce
First pillar: statutory pension
After a legal divorce, you may be entitled to a pension based on the career of your ex-partner during the marriage period. The calculation: 62.5% of your ex-partner’s salary during the marriage, minus your own salary in that period. If your own salary exceeds that threshold, there is nothing to divide (socialsecurity.be — pension at divorce (source in Dutch — no EN equivalent available), accessed 2026-05-21).
If your ex-partner was self-employed, separate calculation rules apply via the National Institute for the Social Security of the Self-Employed (RSVZ/INASTI). If your ex-partner was a civil servant, as an ex-spouse you have no right to a shared retirement pension — but you may be entitled to a survivor’s pension if your ex-partner dies.
Second pillar: group insurance, PLCI/VAPZ, and IPT
Supplementary pension rights built up during the marriage may, under the statutory regime (community of acquisitions), form part of the matrimonial community and be divided in the settlement agreement. Under a separation of property regime, the reserve stays with the holder unless you agree otherwise in the settlement agreement. Belgium has no separate act imposing an automatic division of second-pillar reserves — whether and how the reserves are divided depends on your matrimonial property regime and the settlement agreement. Consult a notary or specialist pension adviser.
The Supplementary Pensions Database (DB2P) (source in Dutch — no EN equivalent available) (accessed 2026-05-21) provides an overview of accrued rights by employer.
Third pillar: pension savings and long-term savings
Individual pension savings accounts (third pillar) are held in one person’s name and are not automatically divided at divorce. They remain with the account holder unless you agree otherwise in the settlement agreement.
Investment accounts and securities portfolios
Investment accounts built up during the marriage fall under the statutory regime into the matrimonial community and are in principle divided 50/50. The division between ex-spouses benefits from an exemption from capital gains tax (art. 96/2, 8° ITC92 — art. 96/2, 8° WIB92 — introduced by the Act of 6 April 2026), provided the division takes place within three years of the divorce. The exemption applies to the division itself — not to subsequent sales of the transferred securities, where the ex-partner takes over the original acquisition price of the portfolio. For complex situations (asymmetric division, exceeding the 3-year period, mixed portfolios), consult a tax specialist; the scope of art. 96/2, 8° ITC92 may be refined by future FPS Finance circulars.
6. Timeline: from filing to registration
| Phase | Expected duration |
|---|---|
| Preparation: reaching agreement + gathering documents | 2–8 weeks (highly variable) |
| Filing the petition with the family court | 1 day |
| Processing by the court | ± 6 weeks (practical norm; no statutory time limit — may be shorter or longer) |
| Appeal period after judgment | 1 month |
| Registration in DABS (final) | 1–2 weeks after appeal period |
| Total (after agreement) | ± 3 months |
Source: notaris.be — how an EOT works (source in Dutch — no verified EN equivalent) (accessed 2026-05-21).
Note: if you need to divide real estate, preparation will take longer. Allow 2–4 months of preparation when a property is involved — valuation, bank discussions, and notarial preparation each take time.
Practical checklist
Before filing:
– [ ] Consult a notary or lawyer — even in an EOT, professional advice is strongly recommended
– [ ] Establish the matrimonial property regime (retrievable via the Central Register at the notary)
– [ ] Draw up an inventory of all jointly held assets: property, accounts, debts, investments
- [ ] Request a recent overview of your supplementary pension (via mypension.be and DB2P)
- [ ] Agree together what happens to the property (sell / buy out / keep jointly)
- [ ] Inform the bank if one partner wants to take over the mortgage — start early, this takes time
- [ ] Check your outstanding-balance insurance (SSV): can it be amended after one partner takes over?
Documents you will need:
– [ ] Extract from the marriage certificate
– [ ] Birth certificates (you + children)
– [ ] Marriage contract (or confirmation that there is none)
– [ ] Cadastral extract (kadastraal uittreksel) if real estate is involved
– [ ] Recent balances of all bank accounts, investment accounts, and debts
– [ ] Pension statements (mypension.be, DB2P, group insurer)
After the judgment:
– [ ] Wait for the appeal period to expire (1 month)
– [ ] Have the registration in DABS confirmed
– [ ] Update official records: national register, bank accounts, insurances, pension plan
– [ ] Review your estate planning: will and beneficiary designations on life insurance contracts
For educational purposes only. This article is not investment advice, not a recommendation, and not a personalised analysis. The author is not FSMA-registered. Always consult a regulated adviser before making financial decisions. Read full disclaimer →
Sources & further reading
- Act of 27 April 2007 on the Reform of Divorce — Belgian Official Gazette (BS) 7 June 2007, NUMAC 2007009493 (accessed 2026-05-21)
- notaris.be — Divorce by mutual consent (EOT) (source in Dutch — no verified EN equivalent) (accessed 2026-05-21)
- notaris.be — Costs at divorce (source in Dutch — no verified EN equivalent) (accessed 2026-05-21)
- notaris.be — How does an EOT work? (source in Dutch — no verified EN equivalent) (accessed 2026-05-21)
- notaris.be — Arrangements for the family home (source in Dutch — no verified EN equivalent) (accessed 2026-05-21)
- socialsecurity.be — Pension at divorce (source in Dutch — no EN equivalent available) (accessed 2026-05-21)
- DB2P — Supplementary Pensions Database (source in Dutch — no EN equivalent available) (accessed 2026-05-21)
- hegislegal.be — Cost of EOT (accessed 2026-05-21)
- Act of 27 April 2007 — etaamb (openjustice) (accessed 2026-05-21)
- VLABEL position paper SP 15172 — division duty for divisions resulting from divorce (1% matrimonial split tax) — belastingen.vlaanderen.be (direct URL temporarily unavailable as of 2026-05-23; SP 15172 content confirmed via: keyseradvocaten.be — miserietaks 3 regions; Moore Belgium — reduced division duty Flemish Region; boekhouder.be/B&A — miserietaks 1%)
- Wikifin — Division of assets at divorce — FSMA-endorsed neutral baseline for divorce finances (NL version; no EN equivalent available at wikifin.be) (accessed 2026-05-21)
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