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Home > Family > Belgium > 2010-05-27 - Labour Court of Brussels, JTT 2011, 92

2010-05-27 - Labour Court of Brussels, JTT 2011, 92

Family · Belgium · Marriage · Ordre public · Polygamy

Case of polygamous marriage validly contracted abroad but deprived of any direct effects in Belgium

Key facts of the case - A Moroccan widow with Moroccan residence asked for a widow’s pension in Belgium after the death of her Moroccan husband who was living in Belgium with a Belgian wife, whose marriage was celebrated in Belgium earlier than that of the Moroccan wife.

Main reasoning of the court - Due to the Belgian international ordre public a polygamous marriage validly contracted abroad is deprived of any direct effects in Belgium when one spouse was at the time of the marriage, already bound in a not yet dissolved marriage with a person whose national law does not allow polygamy. The application of Article 24 § 2 of the Convention between Belgium and Morocco on 24 June 1968 is therefore rejected.