Registred Partnerships

1. Does your national regulation provide for the possibility of registering a partnership?

Yes but only if this partnership will result in a legal cohabitation contract being concluded before a notary, and provided that this deed also includes a deed constituting, translating or declaring rights in rem in immovable property – then there will be a registration of this deed.

1.1 If you answered yes, please confirm if registered partnerships are accepted no matter if the partners or couples are of the same sex gender?

We confirm

2. Is there a statutory property regime for partnerships whether registered or not?

Belgian legislation does not strictly speaking establish a legal property regime for partnership. It provides that if the partners have not organised the regime of their real estate in the contract, the applicable regime will be that of a pure and simple separation of property (unlike married couples who, if they do not draw up a marriage contract, are subject to the legal community regime).

3. And are there any restrictions on the freedom to establish a property regime?

Yes. The partners can regulate their life together as they wish, and in the way that suits them, as long as the clauses of their contract are not contrary to the law and public order.

They can stipulate, for example, who owns what, but they cannot derogate from, for example, the following provisions:

• The minimum legal protection measures (protection of the family home, financial participation in the expenses of the common life,…). They may, however, make provisions that extend these protections.
• The rules determining the order of succession. The cohabitation contract may not provide for rights for the surviving cohabitant. If the cohabitants wish to benefit each other in the event of the death of one or the other, they must do so by will and not by agreement.

4. Can a partnership registered in another member state or in a third state have patrimonial effects in your national regulation?

This could be the case since in Article 60 of the Belgian Code of Private International Law it is stipulated that: The cohabitation relationship, i.e. a situation of cohabitation giving rise to registration by a public authority and not creating between the cohabitants a bond equivalent to marriage is governed by the law of the State in whose territory it first gave rise to registration.

This law determines, in particular, the conditions for the establishment of the relationship, the effects of the relationship on the property of the parties, and the causes and conditions for the termination of the relationship.

5. Does the dissolution of a non-marital partnership produce succession effects?

Yes. The dissolution of a non-marital partnership results in the partners losing the inheritance tax rate applicable between spouses, and the rate between foreigners will apply. Exception dissolution due to the death of one of the partners. In this case the surviving partner retains the rate between spouses and will inherit the usufruct of the family home and the furniture that furnishes it.

5.1 Is it possible to register the right to family home in case of decease or breakout of non-marital partnership?

From 1 July 2022, registration will be possible because the Civil Code has been amended and now provides in Article 3.30, § 1, 7° that deeds of inheritance establishing that a person has acquired a right in rem in immovable property on account of death must be registered.