Bigamous Marriage in Den Haag

A bigamous marriage arises when someone in Den Haag marries while already legally married to another person. In the Netherlands, this constitutes an absolute impediment to marriage, rendering the marriage automatically void. Bigamy is civilly invalid and criminally punishable. This article informs residents of Den Haag about bigamy, its legal implications, and steps at the Municipality of Den Haag or District Court of Den Haag.

What does bigamy mean in Den Haag?

Bigamy means 'two marriages' and occurs when a new marriage is entered into without dissolving the previous one through divorce, death, or nullity declaration. In Den Haag, with its diverse population, you may only be married to one partner at a time. A bigamous marriage violates this monogamous principle.

Difference from polygamy: bigamy often happens secretly and illegally, whereas polygamy is accepted in some cultures but not recognized in the Netherlands, not even for migrant families in Den Haag.

Legal rules on bigamy

Legislation on bigamy is set out in the Civil Code Book 1 (BW) and the Criminal Code (Sr):

Art. 1:31(1) BW: Bigamy prevents a marriage if one party is already married.
Art. 1:39 BW: A bigamous marriage is void by operation of law and never existed.
Art. 237 Sr: Punishable by up to two years' imprisonment or a fine.

At the Municipality of Den Haag, the civil registry officer checks your marital history in the Personal Records Database (BRP). Discovery of bigamy results in refusal of the marriage.

Examples of bigamy in a Den Haag context

Ahmed, residing in Den Haag, is married to Fatima but enters a marriage with Aisha in Morocco without divorcing. The marriage with Aisha is void, and Ahmed may be prosecuted at the District Court of Den Haag.

Or Maria from Schilderswijk remarries, but the divorce registration is delayed. The new marriage remains void until corrected via the municipality.

In Den Haag, this often occurs among newcomers who fail to report foreign marriages or in cases of relationship fraud.

Consequences of bigamy for you in Den Haag

A bigamous marriage carries serious civil and criminal risks:

Nullity: The marriage does not count. Children remain legitimate (art. 1:40 BW).
No property division: No matrimonial property regime applies.
Criminal liability: Prosecution possible; the aggrieved partner may claim damages at the District Court of Den Haag.
Inheritance law: No inheritance rights for the bigamous partner.

Overview in table:

	Valid marriage	Bigamous marriage
Legal status	Valid and binding	Void by operation of law
Children	Legitimate	Legitimate
Punishable	No	Yes (art. 237 Sr)
Matrimonial property regime	Yes	No

Link to nullity declaration

See also our article on Nullity of Marriage. In cases of bigamy, no judicial intervention is required; nullity is automatic.

Rights and obligations in cases of bigamy in Den Haag

The bigamist: Dissolve the previous marriage first. If discovered: penalties and claims via District Court of Den Haag.
The second partner: Have nullity declared and claim damages for deception. No maintenance obligation.
The first partner: Retains all rights. Divorce possible via District Court of Den Haag.
Children: Full rights to maintenance, inheritance, and surname preserved.

Frequently asked questions about bigamy in Den Haag

Is a bigamous marriage from abroad valid in Den Haag?

No, the Netherlands does not recognize them, even if performed abroad (art. 27 Conflict of Laws (Marriage) Act). Check the BRP at the Municipality of Den Haag.

What if bigamy is unintentional due to an error?

For a relative impediment, the District Court of Den Haag may lift the nullity. Prove lack of knowledge and rectify promptly.

Can I claim damages from a bigamist in Den Haag?

Yes, as a civil party or in civil proceedings under art. 6:162 BW for emotional or financial harm at the District Court of Den Haag.

Are children from a bigamous marriage legitimate?

Yes, art. 1:40 BW protects their status, equal to children from valid marriages.

Tips to avoid bigamy in Den Haag

Follow these steps:

Check your status in the BRP at the Municipality of Den Haag.
Request an extract of your marital status from the municipality.
For foreign marriages: legalize and verify under private international law.
Bigamy discovered? Report to the police and visit the Legal Aid Office Den Haag for advice.

Recommendation: Contact the Legal Aid Office Den Haag for free initial advice. We assist with nullity declarations, criminal cases, or claims. Also check related articles.

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