Following a decrease in criminal investigations on marriages of convenience and an increase in declarations of legal cohabitation in 2012, the Minister of Justice Annemie Turtelboom and Secretary of State for Asylum and Migration Maggie De Block have undertaken to enhance the fight against this type of fraude. The regulation and penalties on forced marriages are aggravated, legal cohabitation of convenience is defined and forbidden in the Civil Code and new penal clauses are inserted in the Aliens Act. The aim of the new act is to punish perpetrators more severely and better protect victims.

Legal cohabitation of convenience
For the first time, legal cohabitation of convenience is defined in the Civil Code (art. 1476bis), as legal cohabitation where the intention of at least one of the parties  is based solely on the residential benefits that are related to the status.

Forced marriage/legal cohabitation
Also forced legal cohabitation is inserted in art. 1476ter: the legal cohabitation without free permission by both parties or permission given under threat.

From now on, a marriage (and legal cohabitation) will be considered ‘forced’, if one of both conditions is fulfilled (instead of both as it was the case before).

Preventive role of the Official of the Register Office
Officials of the Register Office can refuse to register the declaration of marriage or legal cohabitation, if it appears that conditions pointed above are fulfilled. In case of strong presumption, they can postpone to register the declaration during 2 months, to examine the case. Hence, the Official of the Register Office is assigned a preventive and active role. A Ministeral circular, providing indications of marriages or legal cohabitations of convenience, should help him to fulfill this task.

Competence of the Public Prosecutor
Since marriages and legal cohabitations are officially penal crimes, the Public Prosecutor is competent to launch judicial investigations. In the case the registrar postpones to register the declaration during two months, the Public Prosecutor can further delay the term with another three months. If the marriage or legal cohabitation  is already contracted, he can still claim annulment before the Tribunal of First Instance.

Penal provisions
In the Aliens Act of 15 December 1980, some clauses are inserted, criminalizing marriages and legal cohabitations of convenience. These crimes are now punishable with imprisonment of 1 month to 3 years and a fine of 50 to 250 EUR. Additionally, the maximum term of the entry ban amounts to 5 years, instead of 3.

Concerning forced marriages/legal cohabitations, the minimum- and maximum penalty has been lifted: 3 months to 5 years imprisonment and a fine of 250 to 5000 EUR (before: 1 month to 3 years and a fine of 50 to 250 EUR).

Immigration Office must be informed
At each stage – refusal to register declaration of marriage/legal cohabitation, postponement, refusal to celebrate and criminal judgment – the Immigration Office must be kept informed of the case.

Sources (in Dutch and French):

• Law of 2 June 2013
• Circular of 6 September 2013
• Circular of 17 December 2013