Draft legislation to better struggle against marriages and cohabitations of convenience in Belgium

Maggie De Block, State Secretary for Asylum and Migration Policy, Social Integration and the Fight against Poverty, together with the Minister of Foreign Affairs and the Minister of Justice, proposed to the Council of Ministers to modify the concerned legislation.

The press service of Ms Maggie De Block, State Secretary for Asylum and Migration Policy, Social Integration and the Fight against Poverty, informs that Ms De Block, in cooperation with Mr Didier Reynders, Minister of Foreign Affairs, and Ms Annemie Turtelboom, Minister of Justice, proposed to modify the legislation to better fight against marriages and cohabitations of convenience.

The proposed legal provisions would include the following elements:

  • Introduction of a definition of "cohabitation of convenience" in the civil code. Such a definition would allow civil registrars and public prosecutors to investigate when there are serious doubts about the intention of cohabitants. The prosecutor would have more time to undertake an investigation.
  • Direct annullment of marriage or legal cohabitation in the same judgement pronounced by the judge.
  • Sentences ranging from one month to three years imprisonment and fines ranging from 50 to 500 Euro for persons forcing someone to marry or legally cohabiting (instead of 8 days to three months and 26 to 100 Euro at the present time)
  • Entry ban of five years for persons convicted of marriage or legal cohabitation of convenience.

Please note that the above-mentioned provisions are part of a DRAFT legislation which is not yet adopted.

Should you require more information on this draft legislation, please contact:

Els Cleemput, spokesperson of Maggie De Block: els.cleemput@ibz.fgov.be
Margaux Donckier, spokesperson of Annemie Turtelboom: margaux.donckier@just.fgov.be

Publication Date: Fri 05 Oct 2012
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