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can I keep my right after I got divorced?

Hi everyone,
I would really appreciate if someone can share their own experience of getting divorce here in Belgium.
my husband and I are planning to get a divorce. he's Belgian and I'm Asian. we are no longer  happy together and better to have our own ways.we have no kids.
I have an F-card which is valid for 5 years, we got married in my country somewhere in ASIA,way back in March 2013. I arrived here on August 2014, found a permanent job and been in the company for over a year now and I'm still living with my husband.
I still cant speak the language though.
my questions are:
if we filled the divorce this month, would i still be able to stay in Belgium or I will be deported since I'm Under the Family reunification Visa?

if I leave our place and move somewhere closer to where I work, before filling our divorce, would i be in trouble like being sent back to my country?

I've read in some blogs that I would be able to keep my rights after we get divorced given that before we File the divorce we should stay married for 3 years and at least live in Belgium for more than a year. any one know about this?

can anyone recommend a  good lawyer who specialized in divorce(hoping its not so expensive)


Thank you guys for sharing your thoughts. highly appreciate it.

Hello,

Due to the fact that several laws are changed recently. The best way to have a correct answer is to take contact with A.D.D.E. It is an association who assist foreigners to understand belgian laws.

Rue du BOULET, n° 22
Bruxelles 1000
Belgique
Téléphone: 02 / 227.42.42

In fact, from what I know, it is gone depend if you are able to proove that you can live alone without any assistance of any kind. You will have to take contact with the foreign department of city where you live for introduzing a demand of permanent authorization to live in Belgium...
Fax: 02 / 227.42.44

Best to have one lawyer for the both of you, then you can split the bill later, an amicable divorce proceeding, if you may. All these questions you have, your lawyer can definitely answer. Bill can cost around a couple of thousand divided by two... not too bad.

Best to avoid lawyers completely and do it the way Belgians do it, through a mediator or a notaire.
However please don't marry again.

ps divorce with mediator, about 200 euro if you can agree. Jeez why pay 2000?????????????????

If there are properties to divide, it's best to go to the notaris - well, a notaris is also a lawyer, by the way...

Ladies and gentlemen,

Could you explain why you stray so the question? This lady asked mostly if she still retain her rights of residence after her divorce. So give priority information on the subject of her rights. Because her main concern is not to get kicked out of Belgium.

For her request for a lawyer, she only needs to turn to legal aid. It is free and open to everyone. Anyway, it will be mainly to see what is possible to glean on the body of her marriage ...

I advised her to see a lawyer for amicable settlement and to answer her concerns, I don't see why that's straying from the question.

I myself have been through it so I know. And being a foreigner here, it is best to get legal advice than go about it on your own. The best scenario would be that both divorcing partners are willing to talk things through during this rough time with the guidance of a lawyer/notaris representing both of them. The lawyer will file your divorce papers, give you the date when you are supposed to sign papers at the divorce court and provide you with advice as to how to go about separating your properties or having visitation arrangements if you have kids. Getting married is a risk, and so is divorce. I believe that divorce is the last resort, after exhausting all possible avenues to fix a marriage.

Hi Milay,

I also went through the "joys" of divorce between different nationalities. But unless fall on the gem as a lawyer, you will never find one that has the knowledge in international matrimonial courts. It worth a lot to go through associations of assistance to foreigners. They can guide you and advise you effectively.

Then later he will have to go find a lawyer who will handle punctured maximum money from the other ... But this is representative of the American mentality and its clones.

The part where I completely agree with you, it is the use of a notary. I got confirmation during my divorce. He did a much better job than the lawyers and the court together. And in fairness to the two parties.

Then avoid those lawyers who are member of bar, notaires are only for private practice. They I would say are more interested in fairness than the lawyers who want to get you into a court.

Legal aid is NOT free to everyone, it is means tested.
I was means tested and got it..... then the lawyer sent me huge bills.
Be very very careful.
In theory it is a wonderful system. In practice, not so.
When I am strong enough again, I will fight that legal aid lawyer. She was worse than the person who put me there.

Check out the following site for information about divorce in Belgium:

http://www.expatica.com/be/family-essen … 06671.html

According to them:

"Belgian residency and citizenship

If your right to stay in Belgium is a spousal permit (eg. tied to their job) you will have to apply for a permit in your own name or leave the country. Other residency rights are unaffected by divorce. If you need to reapply for a permit, read our complete guide to Belgian visas and permits."

Good luck!

Cheers,
James
expat.com Experts Team

Welcome in the club, it cost me my house. Thanks to layer.

Concerning notary, in fact, They are able to put in place an agreement for divorce or for childcare.

"Verblijfskaart van een familielid van een burger van de Unie" is what it says on my F-Kaart. Translated: Residence card of a family member of a citizen of the Union (of Europe) In other words, if I get divorced and am no longer a family member of a citizen of the Union, I loose my F-Kaart, and have to leave Belgium.

Does it say the same on your F-Kaart?

However, once you have an F+ Kaart, you are good to stay in Belgium and can't get kicked out or deported. You can only get an F+ Kaart once you have been resident, and married, for 5 consecutive years.

At least this is the way I understand it.

As much as lawyers should be avoided, it might be an idea to get the advice of one. Your work situation might have an effect on your case.

Hi, thank you for your input.

I have checked my Fcard and it doesn't show fcard- or +, It just says FCard (carte de sejour de membre de la famille d'un citoyen de l'unioun  ) in english : Staying card of a family member of a citizen of the union.

so my guess is that if I got divorced, I will be forced to leave  Belgium and go back to my country?

can you send me a personal message how your situation goes? just for me to have more Idea. (if you have time)


Thank you again.

I can't say more on this subject as I am not getting divorced. I just don't know more, nor do I really want to.

My best suggestion is to go to the gemeente where you got your card and ask them, that's what I would do.

Thank you for sharing your thoughts in this matter, I really appreciate it. finally got a a solid answer from the immigration lawyer and her answer is NO, I cant stay in Belgium after my Divorce,even if I have a good and permanent job.according to her,
By Law if you are married for 3 years and you can justify that you can support yourself financially w/out asking help from the Belgian government. but by  Practice, three years will start from the day you receive your   Identity card, which  in my case It will be next year..

anyway I'm still going for the divorce, guess its better to be happy now rather than wait for another year and a  half being controlled and unhappy, :)

my employer offered me to be relocated somewhere in Europe with the working permit so I believe I'm gonna be fine.

lesson learned: you only get to know the person once you live with him or her in the same roof.

Thanks again Fellas!

jane98 :

Thank you for sharing your thoughts in this matter, I really appreciate it. finally got a a solid answer from the immigration lawyer and her answer is NO, I cant stay in Belgium after my Divorce,even if I have a good and permanent job.according to her,
By Law if you are married for 3 years and you can justify that you can support yourself financially w/out asking help from the Belgian government. but by  Practice, three years will start from the day you receive your   Identity card, which  in my case It will be next year..

anyway I'm still going for the divorce, guess its better to be happy now rather than wait for another year and a  half being controlled and unhappy, :)

my employer offered me to be relocated somewhere in Europe with the working permit so I believe I'm gonna be fine.

lesson learned: you only get to know the person once you live with him or her in the same roof.

Thanks again Fellas!

I'm sorry to hear your marriage isn't working out. But I am glad you now have some clear answers. I wish you all the best for the future.

I'm sorry for the late response, just came across this thread. I went through the same situation, being a foreigner, I got divorced 2 years and half before getting my F+ card (permanent residence after 5 years of legal residence) and was told by my commune that I could stay (divorced) as long as I had a job. I decided to stay and keep my job. Years went by, and five months before my F card  expired, I requested the renewal of my Card at the foreign office and indeed, two weeks after my old card expired, I received my new F+ card. So yes, I'm a divorced F+ card holder. So, in short, you can stay after you get divorced.

They will not kicked you just like that. If you did not violated any laws here you can't be deported as well, as much as you can prove them that you can live alone or capable of surviving. On my integration course it says that if you stay 3years married (here in Belgium) you have 50% chance to stay in the country but just like what I've said, they will not easily  kick you out off the country. It's better as well to learn the language. If you have stable job then I think that will help.

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