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Foreign judgment: recognition or exequatur in Belgium

Recognising a foreign decision and enforcing it are different questions. The regime depends on country, subject and applicable rules; a full translation is not automatic.

Understand the process
Last updated Editorial lead : Hiliyeh Bashir6 sources

What is exequatur?

Exequatur concerns a declaration of enforceability where one is still required. It is distinct from recognition: Article 22 of the Belgian Code of Private International Law generally allows a foreign decision to be recognised without the enforceability procedure. Seizure or other coercion, civil-status updates and simple reliance on a judgment are different outcomes.

Official sourceBelgian Code of Private International Law - recognition and enforcemente-Justice portal - Enforcement of a court decision in Belgium

When is exequatur not necessary?

The applicable instrument depends on subject matter. Brussels I bis covers many EU civil and commercial decisions. Brussels IIb covers divorce, legal separation, marriage annulment and parental responsibility, but excludes maintenance obligations, which are addressed notably by Regulation 4/2009. Outside the EU, the Belgian Code or a convention may apply: identify the intended use and governing instrument first.

Official sourceBelgian Code of Private International Law - recognition and enforcementEUR-Lex - Brussels IIb RegulationEUR-Lex - Maintenance Regulation

Documents to prepare

  • Original foreign judgment
  • EU certificate or translation of requested parts, depending on regime
  • Authentication checked rather than an assumed apostille
  • Proof of service on the defendant
  • Certificate of no appeal (or res judicata)
  • Court, procedure and representation confirmed

Steps to follow

  1. Check if exequatur is necessary

    First define the outcome: recognition, civil-status use or forced enforcement. Then identify the country, subject matter and applicable regulation, convention or Belgian Code.

  2. Determine what needs translation

    Check whether the prescribed certificate is sufficient and which parts the authority must read. Under Brussels IIb, a translation of the decision may be required where the authority cannot proceed without it; that is not a blanket full-translation rule.

  3. Compile the court file

    Gather the decision, any required proof of authenticity and enforceability or finality, the certificate prescribed by the applicable instrument and requested translations. Confirm the application form and representation with the court or legal counsel.

  4. Obtain the exequatur judgment

    The court of first instance examines the file and verifies that the foreign judgment meets recognition conditions (not contrary to Belgian public order, defence rights respected, no fraud). The exequatur judgment makes the foreign decision enforceable in Belgium.

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Frequently asked questions

+What exactly is exequatur?
It is a declaration of enforceability where one is still required. Recognition is distinct and may occur without that procedure; a civil-status update is not seizure or another forced-enforcement measure.
+Does an EU divorce judgment require exequatur?
No, since the Brussels II ter Regulation (2019/1111), divorce judgments from an EU member state are directly recognised in Belgium without exequatur. It is sufficient to present the judgment and the certificate provided by the regulation to the Belgian civil registrar.
+Does the foreign judgment need an apostille?
Not automatically. The EU regulation, a convention or applicable Belgian law determines the required proof of authenticity. Check that regime before apostille or legalisation.
+Is a lawyer mandatory for exequatur?
The competent court, application form and representation rules depend on the regime and intended outcome. Confirm them for the actual case instead of assuming one generic petition.
+Must the whole judgment be translated?
Not as a blanket rule. Under Brussels IIb, the authority may require a translation if it cannot proceed without one. Identify the certificate and necessary passages first.
+How long does the exequatur procedure take?
There is no single timeline for every country, subject and court. Obtain an estimate only after identifying the governing regime and actual procedure.

Official source

Official sources used

The references below are the public sources used to document this page. The competent authority always retains the final decision.

Official sourceBelgian Code of Private International Law - recognition and enforcementOfficial sourceEUR-Lex - Brussels IIb RegulationOfficial sourceEUR-Lex - Maintenance RegulationOfficial sourcee-Justice portal - Enforcement of a court decision in BelgiumOfficial sourceFPS Justice - National register of sworn translators and interpretersOfficial sourceFPS Justice - Legalisation of sworn translations

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