First of all, getting a personal loan when married, oftentimes, a financing project is connected to a life project together. However, married individuals may still wish to apply for a personal loan.
Personal Loan When Married
Although, according to Belgian legislation, it is not always mandatory to inform the partner of this decision. The Belgian law states that the consumer’s place of residence determines the applicable law for credit contracts, unless a clause opposes it. The Belgian law thus applies to all credit agreements concluded by a Belgian resident on the Belgian territory.
In the case of a foreign resident, the law of their home country usually applies, unless a clause states otherwise with Belgian law. However, a married applicant in Belgium must refer to their marital regime to see if they can or cannot sign a credit contract without their partner’s consent.
However, the legal community regime requires the signature of the spouse on the contract.
Whereas the separation of property regime allows personal subscription provided that the marriage contract is notarized.
Nevertheless, a reason for expense for household needs allows the applicant to sign a credit contract alone under the community property regime.
Finally, an applicant married abroad who has not completed the procedures to validate their marriage in Belgium is considered single.
In other words, they can sign a personal credit contract.
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