Fictitious marriage a formally valid marriage is often called, whose purpose is not the education of a conjugal partnership, but exclusively one closes, so that the partner or two profits to one from it. Within the range of the foreigner right marriages are often called fictitious marriages, if the formal marriage ceremony has only the purpose to provide for the foreign marriage partner a unlimited right to residence in form of a residence permit or an address permission. Conceptual the fictitious marriage is to be differentiated from a purpose marriage to. The purpose marriage is to lead to a conjugal partnership and at the same time determined advantages for the marriage partners bring, e.g. in fiscal, hereditarylegal or residencelegal regard. The fictitious marriage however aims only at the acquisition of (legal) advantages, without a conjugal partnership is to exist. Also a so-called protection marriage, which is exclusively or primarily closed, in order to protect a person against a deportation, is a fictitious marriage.
In Germany the marriage is located under basiclegal protection, therefore married foreigners cannot be pushed away usually with Germans, even if they are after the residence law leave the country requiring. The new residence law gives to the foreign spouse besides a residence permit, in order to make the production possible of the conjugal partnership in Germany.
A fictitious marriage can be criminally relevant for the German marriage partner however if it is not entered against payment.
In practice fictitious marriages remain criminally however usually without consequences, since criminal judges are usually very reserved due to the criminal innocence assumption with the statement of a fictitious marriage. This is because of the fact that fictitious marriages are to be usually proven only over indications. For the affirmation of a punishability in practice indications are required by substantial weight.
Administrative Courts are actually stricter in the beginning than criminal courts, which concerns the affirmation of a fictitious marriage. Nevertheless fictitious marriages remain also in the administrative law mostly without consequences, which is because of another legal situation. If it concerns to the criminal procedure in whether at all once a fictitious marriage (for instance to the acquisition of the residence permit) was entered, which already represents a criminal offence, then it arrives in the administrative process (about if the extension of a residence permit, those the authority because of the fictitious marriage rejected) on it were requested whether the married people form (genuine) a conjugal partnership at the time of the decision. This valid legal situation therefore considers the possibility that the partners find later really to each other despite an original fictitious marriage. On the other hand she loads the married people in to deliver in particular during the duration of the administrative process a completely particularly stimmiges picture of a conjugal partnership in order to convince even then, if the fictitious marriage were originally certain, the court from a sense transformation taken place now to a "genuine" marriage. This can take place via the fact that as much as possible criteria are presented to the court, which speak for being present a conjugal partnership. Such criteria are e.g. common friends, who are the Administrative Courts held domestic partnership, common enterprises and journeys, which are normally easily too constituted excludingness of the relationship, family planning, the assistance and welfare service to maintain consideration and Mitarbeit.Da such indications simply or and are spoken in the administrative process in rough quantities, to appreciate them particularly critically. The emotional relationship of the partners to each other and their common Sexualleben play for the classification of a marriage against it no role. They belong to the privacy, which is to be respected also from authorities and courts to. In particular the partners can also agree to have wanted no sexual contacts with one another without thereby the basiclegal protection would be void.
Some persons express themselves to do in the legal regulation of the residence law completely without the factual characteristic of the conjugal partnership and to turn off instead alone to a formally valid marriage, even if it concerns a fictitious marriage. In case of an early divorce however residencelegal permission was again extracted from the foreign partner, and/or a limited permission not to be extended.
The US comedy Green Card acts from a fictitious marriage to the purpose of the residence permit.
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