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Divorced from a Belgian – What are the next steps?

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aphxtwin

Hello ! I am a foreigner (non-EU) and I was married to a Belgian for almost 4 years and 5 years and a half of relationship.

I moved out of home in January (from Flanders to Brussels, where I work) and we introduced the papers for divorce around the same time. Also, I registered in the commune in February and it took like a week for the police to come and check, so I am officially living in BXL.


Yesterday we both (my ex and me) received the later of the court announcing the divorce.

We did all this procedure on our own without a lawyer, everything was mutually agreed and we are on good terms, so I just wonder what comes now?

Do I need to change my civil status in the commune?

Do I need to inform my employer that my civil status changed?


Any advice is welcome, thanks :)

AlexFromBelgium

Based on the justice act that you'll receive once the divorce is acted, you'll have to go to the commune with these documents to change your civil status and as a foreigner it might impact your current resident permit or renewal.

As you've been in Belgium more than 3 years with an F card as a partner of an EU, technically you'll keep it until it expire, so it simplify things a lot.

In case you'd have an A card it would be more annoying, but that's not your case right now.


As you've been 3 years in Belgium with an F card, immigration can't throw you away unless you do a serious crime. So basically what only matter is your renewal resident permit after your 5 years on F card.

You need to discuss with your commune on what you'll need to ask. (B card if you never work, a new F card is they agree, D/L card if 5 years of work, etc.... it's difficult to say as it really depend on your specific case)


You must inform your employer as you'll pay more taxes as you're not married anymore and are considered as single in point of view of taxes.................................

aphxtwin

@AlexFromBelgium thank you for your reply! :)


Just to make sure I understood correctly. Besides the letter I received from the court announcing the divorce, will I receive an act? And then I take both to the town hall for changing civil status?


Regarding my permit, I hope it won’t be too much complication and they let me keep my permit that is valid until 2025. Fortunately I have a qualified job with a salary above the threshold mark for foreigners and I never had any problems with police. so, Fingers crossed!


And I will inform my employer tomorrow about my divorce :-) thanks again!

AlexFromBelgium

Once the judge decide, you'll receive a formal court decision.

Technically you don't need to change your civil status at the commune as the judge will do it himself. (i was a bit tired yesterday when I did reply, my bad~)



What really matter for you is the next resident permit/renewal in your case, but as you can stay under your F card until it expires, you'll request to become permanent resident for your next resident permit.

And yeah, you'll keep your F card until it expires as it's been 3 years of stay in Belgium.

Like I said, immigration can't throw you away easily anymore, only serious crime would allow them to do it with ease (typically criminal Law like murder/serial killing/rape/blablabla... not the kind of I did drive at 60km/h instead of 50...)


B card if you can't fit in another other category (default)

F+ is you're still not divorced when you request it.

L card if you've been working 5 years straight.

other resident permit won't apply to you and you don't care at all, you just want to be a permanent resident.



You must only inform your employer if you've the judge statement.

As long as you don't have it, you don't tell him: because he'll ask the accounting to change your civil status, and as a single person you'll pay more taxes!

arsl_z

Hello,


I am in a marriage with a Belgian citizen but have discovered that my husband has been unfaithful multiple times. Whenever I confront him about this, he becomes somewhat aggressive. I want to seek a divorce. I have a one-month-old child from this marriage, and we've been married for a year and three months. My concern is whether I would be able to maintain my residency in Belgium after the divorce. Additionally, I am worried about the custody of my child and whether we would be forced to return to my home country. What will happen to my residency status in Belgium after the divorce, and how will the custody of my child be determined?

AlexFromBelgium

Hi,


as a mum of a Belgian's child, your right to stay is trivial/nearly automatic... you'll just need to go to the commune...


Now you should be working to be able to take care of the child, but that's another topic.

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