Bigamy Grounds for Declaration of Nullity of Marriage in Den Haag
Bigamy grounds are a key reason for having a marriage declared null and void in the Netherlands, including for residents of Den Haag. A marriage is invalid if one partner was already married at the time it was entered into. This article for residents of Den Haag explains what bigamy means, the legal framework, practical examples, and steps at the District Court of Den Haag.
Why Bigamy Serves as Grounds for Nullity in Den Haag
Monogamy is a core principle of Dutch family law. You cannot enter into a new marriage if you are still bound by a previous one. Bigamy grounds, as provided in the Dutch Civil Code (DCC), render the marriage null from day one, as if it never existed. This affects property, children, and maintenance claims, particularly relevant in multicultural Den Haag with many international relationships.
Legal Basis for Bigamy Grounds
The law is set out in Dutch Civil Code Book 1, Article 1:30(1)(a): a marriage is null if:
- One partner was already married at the time of entering into it, or
- One partner had an ongoing registered partnership.
Bigamy is also a criminal offense under Article 176 of the Criminal Code (max. 4 years' imprisonment). In civil proceedings, the family judge of the District Court of Den Haag decides on the declaration of nullity (Article 1:31 DCC).
Absolute versus Relative Nullity
Bigamy results in absolute nullity (Article 1:30 DCC): anyone, including third parties, can challenge it. Unlike relative nullity, such as sham marriages.
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can challenge it? | Anyone, including third parties | Only parties involved |
| Time limit | No statute of limitations | 3 years from discovery |
| Effects | Never existed | Limited to parties |
Practical Examples of Bigamy in Den Haag
Example: Mohammed marries Aisha in Den Haag in 2021, but he is still married to his ex-wife in Turkey. Aisha discovers this in 2024 and brings proceedings at the District Court of Den Haag. The marriage is declared null on bigamy grounds: Mohammed's first marriage stands, and Aisha loses property rights.
Or: someone enters into a marriage without dissolving a prior partnership. This often occurs with expats or migrants in Den Haag who fail to report foreign marriages to the Municipality of Den Haag.
Rights and Obligations in Cases of Bigamy
Rights of the aggrieved party in Den Haag:
- Apply for declaration of nullity at the District Court of Den Haag.
- Claim damages via tort (Article 6:162 DCC).
- Children protected: parenthood remains (Article 1:207 DCC).
- Free advice at the Legal Aid Office Den Haag.
Obligations:
- Report prior marriage to the civil registry (Article 1:44 DCC).
- Check PRD extract at the Municipality of Den Haag.
The bigamist risks criminal prosecution and civil proceedings.
Procedure for Declaration of Nullity at the District Court of Den Haag
1. Gather evidence: marriage certificates, PRD information.
2. Have a lawyer serve a writ of summons at the District Court of Den Haag.
3. Hearing before the family judge.
4. Judgment: null from the date of celebration.
5. Entry in the register.
Costs: approx. €1,500–€3,000. Low-income individuals: subsidized legal aid via the Legal Aid Council.
Frequently Asked Questions on Bigamy Grounds in Den Haag
Is a bigamous marriage immediately null?
No, a court judgment is required (Article 1:31 DCC). Otherwise, it appears valid.
Maintenance after nullity?
Spousal maintenance lapses, but may be claimed via tort. Child maintenance continues.
Prior foreign marriage?
Verification via international registers; apostille required. See nullity page.
Does a bigamy claim expire?
No, absolute nullity has no time limit.
Tips for Residents of Den Haag
- Check the PRD and request a 'certificate of no impediment to marriage' from the Municipality of Den Haag.
- Consult a family law attorney or the Legal Aid Office Den Haag if in doubt.
- For foreign marriages: follow the Ministry of Justice protocol.
- Keep documents; essential for the District Court of Den Haag.