Marriage of convenience
(marriage of Hendrik VIII and Anna Boleyn is not an example of marriage of convenience according to Belgian law).
1. People get married to perpetuate or build a lasting life relationship.
In the case of a marriage of convenience, the intention of at least one of the partners is solely to obtain a right of residence benefit (Article 164bis CC).
Marriage or legal cohabitation with a Belgian postpones, among other things, the order to leave the territory.
2. If you want to get married, you must report this to the registry office.
You take the required documents to the city or municipality where one of you lives or is registered in the population-, aliens- or waiting register.
You must wait at least 14 days after the declaration in order to perform the marriage at the municipality.
In case of serious suspicion of a marriage of convenience, the civil registrar will refuse to perform the marriage.
He can postpone the marriage for a maximum of two months in order to obtain advice from the Public Prosecution Service and further investigate the intentions (Article 167 of the Civil Code).
The public prosecutor can extend this period by three months if necessary. The Immigration Department is always kept informed.
3. The Civil Code also combats the bogus legal cohabitation (in Article 1476bis CC).
The civil servant refuses to grant the deed of cohabitation if the intention of one of the partners is solely to obtain a residence right advantage.
The civil servant will therefore have to check the intentions or, through a combination of indications, he will establish that something is not right.
For the rest, the legal cohabitation follows the same arrangement as the marriage of convenience.
4. There is a serious suspicion when various indications indicate a possible marriage of convenience.
The civil servant may therefore not just refuse a marriage of a Belgian with a non-Belgian.
An indication is, for example, that the parties do not understand each other, or that they are meeting for the first time.
The decision to refuse must be clearly motivated so that the parties know the reasons.
You can appeal against this decision to the family court within one month (Article 167 CC).
It is therefore best to contact a lawyer as soon as possible who will assist you in this procedure.
5. Even after the marriage has taken place, the Public Prosecution Service can demand the nullity of the marriage in case of serious indications.
Any interested party or the spouses themselves can do this as well. You will then be summoned to appear in family court.
A void marriage means that the marriage never took place and is always pronounced by a court.
You risk losing your right of residence and criminal penalties. A fine of up to 500 euros or a month to three years in prison is possible.
In addition, the Immigration Office can impose a five-year entry ban.
Forcing someone into marriage or being paid / paid to marry are aggravating circumstances. In case of violence, a prison sentence of up to five years can be imposed.
It is up to the married couple to demonstrate that both do indeed aim for a sustainable community of life.
Given the severe sanctions, it is recommended to contact a lawyer. Among other things, the office will assist you in providing adequate proof of a genuine marriage.
6. You are not punishable if you did not know your partner's deceptive intent.
If you are a victim of a marriage of convenience, the office will be happy to assist you.
You can claim the nullity of the marriage by filing a complaint. Cassation has decided that this is still possible even after divorce (Cass. 11/01/2016, C.15.0095.N).