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- Marriages - Dissolution of marriages - Civil partnerships - Conclusions

13. International Seminar for Registrars Europäische Akademie Otzenhausen Marriages and partnerships in Europe Legal provisions and ceremony The case of Belgium Steve Heylen head of service Registrar’s Office Leuven president VLAVABBS. Content.

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- Marriages - Dissolution of marriages - Civil partnerships - Conclusions

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  1. 13. International Seminar for RegistrarsEuropäischeAkademieOtzenhausenMarriages and partnerships in Europe Legal provisions and ceremonyThe case of BelgiumSteve Heylenhead of service Registrar’s Office Leuvenpresident VLAVABBS

  2. Content - Marriages- Dissolution of marriages- Civil partnerships- Conclusions

  3. Marriages

  4. Marriages: the Belgian Constitution

  5. Marriages: the Belgian Constitution - Predominance of the civil over the religious marriage (article 21)- Civil acts and registers are attributions of communal authorities (article 164)- Marriage booklet

  6. Marriages: the Belgian Code of International Private Law

  7. Marriages: the Belgian Code of International Private Law • Jurisdiction of the Belgian registrar • Legal framework or national law to be applied (basic conditions and formalities) • Recognition in Belgium of marriages abroad

  8. Marriages: the Belgian Code of International Private Law • Jurisdiction of the Belgian registrar (article 44) • One of the spouses is Belgian • One of the spouses has official residence in Belgium • One of the spouses has usual main residence in Belgium for more than 3 months • No “tourist marriages”

  9. Marriages: the Belgian Code of International Private Law • Legal framework (article 46) for the basic conditions • Law of the country of which each spouse is a citizen • Same sex marriages exception • Public order exception (article 21)

  10. Marriages: the Belgian Code of International Private Law Legal framework (article 47) for the formalities = Law of the country on which territory the marriage takes place

  11. Marriages: the Belgian Code of International Private Law • Recognition of marriages abroad (article 27) • Registrar checks: • Legal framework: basic and formal conditions (articles 46 & 47) • No evasion of law (article 18) • No intrusion Belgian public order (article 21) • Authenticity and validity (article 24) • Legalization (article 30)

  12. Marriages: the Belgian Code of International Private Law • Recognition of marriages abroad (article 27) • Marriage accepted: civil status changes (article 31) • Re-registration not compulsory, possible for Belgians (article 48 Civil Code) • Marriage not accepted: court procedure (article 23)

  13. Marriages: the Belgian Code of International Private Law • Recognition of marriages abroad: consular marriages (article 5 Vienna Convention on Diplomatic Relations 1963) • Consulates in Belgium • Consulates in third countries • Belgian consulates

  14. Marriages: the Belgian Civil Code

  15. Marriages: the Belgian Civil Code • Where? • Basic marriage conditions • Documents • Ceremony • Marriage certificate • Bogus marriages • [Registry system: officer of civil status]

  16. Marriages: the Belgian Civil Code • Where (article 63)? • One of the spouses ‘s official residence • Usual residence • Prison and hospital • Belgians living abroad: • Last residence in Belgium • Residence of a relative • Place of birth • Brussels

  17. Marriages: the Belgian Civil Code • Basic conditions (articles 143-148) • Two persons (regardless sex) • Monogamy • 18 years old (or permission court) • Free consent

  18. Marriages: the Belgian Civil Code • Basic conditions (articles 161-164 and 353-13) • Marriage is prohibited between: • Parents – children • Step-parents – step-children (exemption) • Parents in law – children in law (exemption) • Brothers, sisters, brother and sister • Uncle or Aunt – niece or nephew (exemption) • Adopter – adoption child • Adoption child – former spouse of adopter (exemption) • Adopter – former spouse of adoption child (exemption) • Adoption children of same adopter (exemption) • Adoption child – children of adopter (exemption)

  19. Marriages: the Belgian Civil Code • Documents (article 64) for the declaration of marriage (article 166) • Birth certificate • Proof of identity • Proof of citizenship • Proof of single status or dissolution/annulment former marriage • Proof of residence • Power of attorney • Other • Legalization/translation • Responsibilities registrar

  20. Marriages: the Belgian Civil Code • Ceremony (articles 75 and 166) • Day chosen by the spouses, hour by the registrar: time tables & fees • Town hall or other location decided by the municipal council • Witnesses: 0 to 4 • In public • Reading of chapter 6 Civil Code • Declaration of consent by the spouses • Declaration by the registrar • Signing the marriage certificate

  21. Marriages: the Belgian Civil Code • Marriage certificate (article 74) • Date, place, time and officiating registrar marriage • Names, residence, place and date of birth spouses • Names and residence parents • Declaration spouses • Declaration registrar • Names, age, residence and relationship witnesses • Date, name and residence notary of marriage settlement (choice of law) • Marriage name if applicable

  22. Marriages: the Belgian Civil Code • Bogus marriages (articles 146bis and 167) • - Definition: sole intention aimed at a permit of residence. • Indications (minister of Justice) • Possibility of postponing and refusing a bogus marriage • - Annulment

  23. Dissolution of marriage

  24. Dissolution of marriage: the Belgian Code of International Private Law & Brussels II bis Council Regulation

  25. Dissolution of marriage: the Belgian Code of International Private Law & Brussels II bis Council Regulation • Jurisdiction of the Belgian court • Legal framework • Recognition in Belgium of divorces abroad • Difference EU – non-EU

  26. Dissolution of marriage: the Belgian Code of International Private Law & Brussels II bis Council Regulation - residence in Belgium- one of the spouses Belgian Jurisdiction of the Belgian court (article 3 Brussels II, article 42 Code)

  27. Dissolution of marriage: the Belgian Code of International Private Law & Brussels II bis Council Regulation - usual residence both parties- last common residence- common nationality- Belgian law- formalities: territory Law system (article 55 Code)

  28. Dissolution of marriages: the Belgian Code of International Private Law & Brussels II bis Council Regulation Recognition of divorces abroad EU except Denmark (articles 21, 22, 24, 25, 37 and annex 1 Brussels II) = automatically: certificate annex 1

  29. Dissolution of marriages: the Belgian Code of International Private Law & Brussels II bis Council Regulation • Recognition of divorces abroad non-EU and Denmark (articles 22, 25 and 57 Code) • The registrar refuses when: • Violation Belgian public order • Violation rights of defense • Evasion of Law • Decision open to appeal • Decision not compatible with earlier decision • Procedure started after Belgian procedure • Jurisdiction was exclusively Belgian • No bond with state where decision took place • Repudiation “based on the will of the husband alone”

  30. Dissolution of marriage: the Belgian Civil Code

  31. Dissolution of marriage: the Belgian Civil Code • 2 types of divorce • Simplification process • Registrar’s role limited

  32. Civil partnerships: the “legal cohabitation”

  33. Legal cohabitation: the Belgian Code of International Private Law

  34. Legal cohabitation: the Belgian Code of International Private Law • Jurisdiction of the registrar when parties have residence in municipality • Legal framework: country of first registration • Recognition: see marriages (applicable national law, no evasion Belgian law, no violation Belgian public order, validity of documents)

  35. Legal cohabitation: the Belgian Civil Code

  36. Legal cohabitation: the Belgian Civil Code • Articles 1475 to 1479 • Introduced year 2000 • Registrar common residence • Twoconditions: • No otherlegalcohabitationormarriage • Ability to concludecontracts

  37. Legal cohabitation: the Belgian Civil Code • Declaration: • Date • Names, place and date of birth, signature both parties • Common residence • Consent • Aware of articles Civil Code • Place, date and name notary (separate agreement)

  38. Legal cohabitation: the Belgian Civil Code • End: death, marriage or declaration • Ceremony • Differences with marriage • - Considerable • - During the years social and tax benefits: “marriage light” • - Gate for migration

  39. Conclusions

  40. Conclusions • Unexepted effects • Simplification • Citizen’s wishes central • Changing society

  41. Thank you !

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