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Notariaat Wellens

We are separating

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"A tense conversation often becomes calmer once people remember what they are talking about together."
Paul Wellens

Your questions, step by step

Separating often brings worries and difficult choices. You do not need to know everything in advance. We help you gain an overview and look at which arrangements are needed first.

Why do I go to the notaire for this?

The notaire helps to make arrangements about your home, money and debts. He can also prepare a divorce by mutual consent: a procedure where you agree on all necessary arrangements.

The notaire is impartial and explains to both partners what the arrangements mean. He does not pronounce the divorce himself; this is done by the family court.

Is real estate transferred, for example because one partner takes over the home? Then a notarial deed is required.

How can I divorce or separate?
  1. Are you married? With full agreement, a divorce by mutual consent is possible. Without full agreement, the procedure for irreconcilable breakdown applies. Discuss disputes with a lawyer or certified mediator.

  2. Make arrangements about the home, accounts, debts, children and any maintenance contributions. Let the bank decide separately about the loan.

  3. With mutual consent, the arrangements are recorded and a petition is filed with the family court. After the ruling, the legal formalities follow.

  4. Are you unmarried? Then there is no divorce procedure. Legal cohabitation is ended at the municipality; arrangements about children, property and debts are still needed separately.

How does this proceed and how long does it take?

You naturally want to know what to expect. We discuss which steps are necessary for you and what might influence the timeline.

The total duration is not fixed in advance. It depends, among other things, on your mutual agreement, the bank, the available documents and the court.

In a divorce by mutual consent, you first record all agreements. Only a signed arrangement does not yet make you divorced. The court must pronounce the divorce; even afterwards, legal deadlines and formalities apply.

Is it a divorce due to irreconcilable breakdown? That means that continuing to live together is impossible. The judge can establish this on the basis of evidence.

The time you have lived apart can also be a ground: in a joint application it is six months; in an application by one partner it is more than one year.

If you apply for divorce earlier on the basis of living apart, a second court appearance after a reflection period may be necessary.

You do not have to figure out yourself which procedure fits. Discuss this with the office or your lawyer. Also immediately report if urgent arrangements about living, money or children are needed.

Which documents should I provide to the notaire?

Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.

Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.

Where can I find this?

Write down full names and contact details. Bring your identity card to the appointment. Report foreign documents or representation; the office will tell you which additional documents are needed.

Where can I find this?

Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.

Where can I find this?

Search in your deed folder, Izimi or Mijn akten. Cannot find the deed? Provide the address, estimated date and possibly the previous notarial office; we will see how to request a copy.

Where can I find this?

Provide the report with date and name of the appraiser. If there is no valuation yet, do not order one without consultation: first discuss what valuation is needed.

Where can I find this?

Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

Where can I find this?

Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Gather recent payslips or other income proofs and invoices for childcare, school, health and activities. Indicate which costs recur.

Where can I find this?

Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

These check marks only remain on the opened page and are not sent to the office.

Request help with missing documents
What does the notaire do and investigate?
  • Which marriage or cohabitation agreements apply?
  • What does each own, what debts are there and which payments must be settled?
  • Are the agreements clear and enforceable for both partners?
  • Which bank consents, real estate formalities, and steps at the court are necessary?

We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

What should I pay attention to before I sign?

Check the valuation of the home, the buyout sum, own contributions, debts, moving date and arrangements about children. Record when payments will be made.

You are only freed from a joint loan if the bank agrees to this.

Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

What else must I arrange afterwards?

Monitor the execution of the arrangements and the processing of the divorce. Arrange address, bank accounts, insurances, utility contracts and child provisions.

Also have your will, insurance beneficiary designations and extrajudicial protection mandate reviewed again.

Transfer documents, insurances and practical aftercare
Which practical tips can help me?

Do not consider any buyout sum as final before the valuation, mutual accounts and bank decision are clear. Are urgent arrangements about living or children required?

Report that immediately; legal assistance may be necessary for this.

What do these words mean?
EOT
divorce by mutual consent, based on a full agreement.
EOO
divorce due to irreparable breakdown of the marriage.
Settlement and distribution
first calculate who is entitled to what, then allocate assets and debts.
Compensation payment
the amount someone pays to settle a difference during the division.
Where can I find more explanation or help?

You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

Ask your question to the officeMake an AppointmentFlanders: divorce by mutual consentNotaris.be: divorceFlanders: irreparable breakdown and deadlines

General explanation for your preparation. The rules and documents that apply to you are determined based on your file.

FIRST OVERVIEW

A relationship break raises questions about living, ownership and previous agreements. Note what is already fixed, what you agree on and what still needs investigation. You do not yet need to know the legal answer.

Image accompanying guidance by Notariaat Wellens

What do we record together?

You bring your question and the available documents. We discuss which information is missing, what needs to be investigated and who takes which step. Assignment, fee and timing are discussed in advance.

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