Declaration of Legal Cohabitation

Two people who live together and make a Declaration of Legal Cohabitation to the local municipal authorities, are legal cohabitants. This statement gives them some legal protection under cohabitation laws and rights.

Legal cohabitation is available to all people living together in Belgium. It can be a heterosexual couple or a homosexual couple. You can legally live with a member of your family or any person with whom you have a relationship without a sexual relationship.

To be able to sign a Declaration of Legal Cohabitation you must:

  • Have the legal capacity to contract
  • Not be married
  • Not be legally cohabiting with another person

In order to apply for a Cohabitation Visa in Belgium, you and your partner must sign a Declaration of Legal Cohabitation. Typically this happens after your police visit.

How to Submit Your Declaration of Legal Cohabitation

A written declaration of the “cohabitation légale”  is submitted at your local commune where they will give you a proof of receipt. You can write the letter yourself, or just use the standard form at your commune.

The declaration must include the following:

  • Date of the declaration
  • Names, birth dates and birth places of both partners
  • Signatures of both partners
  • Address of your shared home
  • Statement declaring that both of you may legally enter in to the agreement
  • Mention of each persons willingness to live together legally
  • Statement that both parties has knowledge of the law regarding the contract (articles 1475-1479)
  • Reference to your notarized Cohabitation Agreement if you have one

The registrar will then check that the legal requirements are met and then note your declaration in the population registrar. Your declaration will be recorded immediately if both partners are registered on the population register. If not, a police inquiry must first be carried out in order to confirm the cohabitation where you both live.



Comments are closed.