Divorce accepted (for acceptance of the principle of marriage breakdown)

Verified 01 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Do you agree with your spouse to divorce, but disagree about the consequences of divorce? You can apply for a divorce that is accepted by the Family Court Judge. The reasons for your divorce will not be discussed. We present you the information to know.

If you are all right to get divorced, you can initiate divorce proceedings for acceptance of the marriage breakdown.

In this case of divorce, the facts that cause your separation do not have to be disclosedor to be examined by the judge.

On the other hand, you are not required to agree with your spouse on the consequences of divorce (e.g. on child care or on compensatory benefit).

The divorce proceedings takes place in front the family judge (Jaf).

You and your spouse you have to take a lawyer each.

For divorce to be possible, you must give all 2 your agreement in a document.

This document must seal your agreement to divorce without mentioning the reasons for your divorce.

You can give your consent before or during the divorce proceedings:

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Before the divorce proceedings

You must first sign with your spouse and your respective lawyers a act under private signature. This act must indicate that you accept the principle of marriage breakdown.

This act is irrevocable. It must state that you can't go back on accepting the principle of marriage breakdown even by making call.

You must then enter the Jaf: titleContent by a joint petition for divorce or by a subpoena for divorce.

The act of acceptance shall be annexed to the request or subpoena.

The act of acceptance must be no more than 6 months old when the application for divorce is filed.

During the divorce proceedings

You can seal your agreement for an accepted divorce before the Jaf: titleContent at the orientation hearing or at any other hearings concerning interim measures (children's residence, alimony...).

In this case, your agreement is noted in a report drawn up by the Jaf and signed by you, your spouse and your respective lawyers.

You can also give your consent at any time during the procedure without being at a hearing. In this case, you must give your consent in writing in one of the following ways:

  • in a act under private signature signed by you, your spouse and your respective lawyers,
  • or in a declaration of acceptance of the principle of the breakdown of the individual marriage made by each spouse.

This writing must indicate that you accept the principle of marriage breakdown. It must then be forwarded to the judge by your lawyers.

Warning  

In any case, your agreement is irrevocable. It must be stated in the document that you sign that you can't go back on accepting the principle of marriage breakdown even by making call.

Once you have signed the acceptance of the principle of marriage breakdown, your decision is irrevocable.

You can no longer request the divorce for misconduct or for permanent alteration of the conjugal relationship.

On the other hand, you can always choose to divorce by mutual consent.

Court costs

You have to pay the fees of your lawyer.

If you are the applicant spouse, you must also pay a fiscal stamp from €50 to bring your claim to justice.

If your resources are insufficient to pay your lawyer or stamp fees, you can benefit from legal aid.

The costs shall be divided in half between the spouses, unless the judge decides otherwise.

Right to share

When the spouses divorce, they must share assets that they had together (furniture, finance and real estate).

The division of movable and immovable property is subject to a registration fee or land advertising from  1.10%.

FYI  

For assets less than or equal to €5,000, the right to share shall be fixed at a flat rate at €125.

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