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4 MAI 1999. - An Act to amend certain provisions relating to marriage (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendment of the provisions of Book I titles II and V^er Civil Code
Art. 2. The title of chapter III of Book I title II^er Civil Code is replaced by the following title:
“Chapter III. - Acts of declaration and acts of marriage".
Art. 3. Section 63 of the Code, repealed by the Act of 26 December 1891, was reinstated in the following wording:
"Art. 63. § 1^er. Those who wish to enter into marriage are required to make the declaration, by filing the documents referred to in section 64, to the civil status officer of the municipality where one of the future spouses is registered in the registers of the population, the register of foreigners or the waiting register on the date of the establishment of the declaration.
If none of the future spouses are registered in any of the records referred to in paragraph 1^er, or if the current residence of one of them or both does not, for legitimate reasons, correspond to that registration, the declaration may be made to the civil officer of the current residence of one of the future spouses.
For Belgians who reside abroad and who are not registered in the registers of the population of a Belgian commune, the declaration may be made to the civil officer of the municipality of the last registration, in the registers of the population, the register of aliens or the waiting register, of one of the future spouses, or of the commune where a parent until the second degree of the future spouse is registered at the time of the establishment If not, the statement may be made to the civil status officer in Brussels.
§ 2. The statement is made by either of the future spouses or both.
The Civil Registry Officer shall record this statement.
It is registered in a single register, listed and set out in accordance with section 41 and filed at the end of each year at the court of first instance.
§ 3. If either of the future spouses or both are not registered, on the day of the establishment of the act, in the registers of the population, the register of aliens or the waiting register of the municipality, or do not have their current residence, the civil status officer who issued the act shall forthwith send a copy to the civil status officer of the municipality where the future spouse or future spouses are registered in the residence.
The Civil Status Officer who has received the notification referred to in the preceding paragraph shall verify that there are no impediments to marriage. Where applicable, the Registrar shall notify the Registrar, within 10 days of receipt of the notification, of the statement.
§ 4. Where the parties concerned fail to file the documents referred to in section 64, the Civil Registry Officer refuses to file the act.
The Civil Status Officer shall promptly notify the parties concerned of the decision. A copy, accompanied by a copy of all relevant documents, is transmitted at the same time to the prosecutor of the King of the Judiciary in which the refusal was expressed.
If one of the future spouses or both are not registered, on the day of the refusal to file the act, in the registers of the population, the register of aliens or the waiting register of the commune, the civil status officer who refuses to make the act in a notification address to the civil status officer to whom the copy of the declaration referred to in § 3 should have been addressed.
The refusal of the civil status officer is subject to appeal, within one month of notification of the decision, by the parties concerned, to the trial court. "
Art. 4. Section 64 of the Code, repealed by the Act of 26 December 1891, was reinstated in the following wording:
"Art. 64. § 1^er. During the declaration of marriage, the following documents are, for each of the future spouses, handed over to the civil status officer:
1° a true copy of the birth certificate;
2° proof of identity;
3° proof of nationality;
4° proof of celibacy and, if applicable, of the dissolution or cancellation of previous marriages;
5° proof of registration in the registers of the population, the register of foreigners or the waiting register and/or proof of the current residence;
6°, where applicable, legalized written evidence from the future spouse absent during the declaration of the marriage, which the marriage consents to the declaration;
7° any other authentic piece of which it appears that the person concerned meets the requirements of the law to be able to enter into marriage.
§ 2. If the documents submitted are prepared in a foreign language, the Civil Registry Officer may request a certified translation of the documents. "
Art. 5. Section 66 of the same Code, replaced by the Act of 7 January 1908, is replaced by the following provision:
"Art. 66. The acts of opposition to marriage are signed on the original and on the copy by the opponents or by their special and authentic power of attorney; they are served with the copy of the power of attorney to the person or domicile of the parties and to the civil status officer who issued the declaration.
The Civil Registry Officer is targeting the original. "
Art. 6. In section 67 of the same Code, the word "publications" is replaced by the word "reports".
Art. 7. Section 69 of the same Code, replaced by the Act of January 7, 1908, is repealed.
Art. 8. Section 70 of the same Code is replaced by the following provision:
"Art. 70. The spouse who is unable to obtain his birth certificate may be supplanted by a notoriety certificate issued by the justice of the peace of his place of birth or by that of his domicile. "
Art. 9. In section 75 of the same Code, replaced by section 1^er of the law of 7 January 1908, the words "publications" are replaced by the words " referred to in section 165".
Art. 10. A Section 76 of the Code is amended as follows:
(a) 6° is repealed,
(b) at 9°, the word ", professions" is deleted.
Art. 11. Section 94 of the same Code is replaced by the following provision:
"Art. 94. The statements of a marriage involving military personnel and persons employed as a result of the armed forces shall be made to the officer exercising, in accordance with section 89, the functions of a civil status officer. "
Art. 12. An article 146bis, as follows, is inserted in the same Code:
"Art. 146bis. There is no marriage when, although formal consents have been given to the latter, a combination of circumstances suggests that the intention of at least one of the spouses is obviously not the creation of a sustainable life community, but only aims at obtaining a residence benefit, linked to the status of spouse. "
Art. 13. Section 165 of the Code, repealed by the Act of 26 December 1891, was reinstated in the following wording:
"Art. 165. § 1^er. Marriage may not be celebrated before the 14th day after the date of the establishment of the declaration of marriage referred to in section 63.
§ 2. The King's prosecutor near the Court of First Instance of the Borough in which the appellants intend to contract marriage, may, for serious reasons, dispense from the declaration and any waiting period, and grant an extension of the period of six months referred to in § 3.
The same jurisdiction is recognized, for marriages to be celebrated in their Chancellery, for diplomatic postmasters, and for consular officers to whom the function of civil status officer was recognized.
§ 3. If the marriage has not been celebrated within six months of the expiration of the 14-day period referred to in § 1^er, it can no longer be celebrated until after a new marriage declaration made in the form provided for in Article 63.
In the event of an opposition to the marriage or when the civil status officer refuses to celebrate the marriage, an extension of this six-month period may be requested from the judge who decides on the release of the opposition or on the appeal against the refusal. "
Art. 14. Section 166 of the Code, repealed by the Act of 26 December 1891, was reinstated in the following wording:
Art. 166. Marriage is publicly celebrated before the civil status officer who issued the declaration. "
Art. 15. Section 167 of the Code, repealed by the Act of 26 December 1891, was reinstated in the following wording:
"Art. 167. The civil status officer refuses to celebrate marriage when it appears that he is not satisfied with the qualities and conditions prescribed to contract marriage, or if he is of the opinion that the celebration is contrary to the principles of public order.
If there is a serious presumption that it is not satisfied with the conditions referred to in the preceding paragraph, the Civil Registry Officer may suspend the celebration of the marriage, if any after receiving the advice of the King's Prosecutor of the Judicial Borough in which the applicants intend to contract marriage, for a period of not more than two months from the date of marriage chosen by the parties concerned,
If the officer has not made a final decision within the period provided for in the preceding paragraph, the officer of the civil status shall celebrate the marriage, even in cases where the period of six months referred to in section 165, § 3, is expired.
In the case of a refusal referred to in paragraph 1, the Civil Status Officer shall promptly notify the parties concerned of the decision. A copy, accompanied by a copy of any useful documents, is, at the same time, transmitted to the prosecutor of the King of the Judiciary in which the refusal was expressed.
If one of the future spouses or both are not registered, on the day of the refusal, in the registers of the population, the register of aliens or the waiting register of the municipality, or do not have their current residence, the decision of refusal is also immediately notified to the civil status officer of the municipality where the future spouse or future spouse is registered in one of these registers or have their current residence.
The refusal of the civil registry officer to celebrate the marriage is subject to appeal by the parties concerned for a month in court of first instance. "
Art. 16. Section 170bis of the same Code, inserted by the Act of 12 July 1931, is replaced by the following provision:
"Art. 170bis. Marriage declarations to be celebrated by Belgian diplomatic or consular agents are made in accordance with Belgian law in the Chancellery where marriages must be celebrated. "
Art. 17. In section 184 of the same Code, a reference to "146bis" is inserted between references to "144" and "147".
Art. 18. In section 191 of the same Code, the words "or whose declaration has not been made in accordance with section 63" are inserted between the word "competent" and the word "may".
Art. 19. Section 192 of the same Code, as amended by the Act of 15 December 1949, is replaced by the following provision:
"Art. 192. If the marriage has not been preceded by the required declaration, or if it has not been granted exemptions permitted by law, or if the time limits prescribed for the declaration and celebration of the marriage have not been observed, the Crown Prosecutor shall make a fine against the public officer who shall not exceed three hundred francs, and against the contracting parties, or those under whose authority they have acted, a fine proportioned to their fortune. "
CHAPTER III. - Other amendments
Art. 20. Section 7 of the Act of 12 July 1931 relating to certain acts of civil status and to the competence of diplomatic and consular officials in matters of civil status is replaced by the following provision:
“Art. 7. Diplomatic officers in charge of the post as well as officials of the consular corps to whom the functions of civil status officer were conferred under section 2 of this Act are competent to celebrate marriages provided that one of the future spouses is a Belgian citizen. "
Art. 21. The first paragraph of section 587 of the Judicial Code, as amended by section 12 of the Act of 3 April 1997 and by section 4 of the Act of 10 August 1998, is supplemented by a 9°, which reads as follows:
"9° on remedies provided for in articles 63, § 4, last paragraph, and 167, last paragraph, of the Civil Code. "
CHAPTER IV. - Abrogatory provision
Art. 22. Articles 1^er to 8 of the Act of 26 December 1891 amending some provisions relating to marriage, as amended by the Acts of 7 January 1908 and 12 July 1931, are repealed.
CHAPTER V. - Transitional provisions
Art. 23. Marriages to be celebrated whose publications have been made before the date of entry into force of this Act remain subject to the provisions previously applicable in sections 66, 67, 69, 70, 94, 170 bis and 192 of the Civil Code, and articles 1^er to 8 of the Act of 26 December 1891 amending some provisions relating to marriage, as amended by the laws of 7 January 1908 and 12 July 1931.
Art. 24. Sections 63, 64, 165, 166 and 167 of the Civil Code do not apply to marriages to be celebrated whose publications have been made prior to the effective date of this Act.
CHAPTER VI. - Final provision
Art. 25. This Act comes into force on 1^er January following its publication to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 May 1999.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Regular session 1996-1997.
Senate.
Parliamentary documents. - Bill No. 1-512/1 of 20 December 1996 filed by Ms. Lizin.
Regular session 1998-1999.
Parliamentary documents. - Opinion of the Council of State, No. 1-512/2. - Amendments, n^bones 1-512/3 to 5. - Report of 9 February 1999 by Ms. Thijs, No. 1-512/6. - Text adopted by the commission, no. 1-512/7. - Text adopted in plenary and transmitted to the House of Representatives, No. 1-512/8.
Annales parliamentarians. - Discussion and adoption. Session of 11 February 1999.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, No. 1991/1. - Amendments, No. 1991/2. - Report of 12 March 1999 by Mr. Landuyt and Mrs. Herzet, No. 1991/3. - Text adopted by the commission, no. 1991/4. - Text adopted in plenary and transmitted to the Senate, No. 1991/5.
Annales parliamentarians. - Discussion and adoption. Meetings of 17 and 18 March 1999.
Senate.
Parliamentary documents. - Draft amended by the House of Representatives, No. 1-512/9. - Amendment No. 1-512/10. - Report of 23 March 1999 by Ms. Thijs, No. 1-512/11. - Text adopted by the Commission, No. 1-512/12.
Annales parliamentarians. - Discussion and adoption. Session of 1^er April 1999.
House of Representatives.
Parliamentary documents. - Draft amended by the Senate, No. 1991/6. - Text adopted in plenary session, No. 1991/7.
Annales parliamentarians. - Discussion and adoption. Session of April 22, 1999.