Bigamy Grounds for Declaration of Nullity of Marriage in Delft

Bigamy Grounds for Declaration of Nullity of Marriage in Delft

Bigamy grounds are a crucial reason to have a marriage declared null in the Netherlands, including for residents of Delft. A marriage is invalid if one partner already had an existing marriage or registered partnership at the time of entering into it. In this article for Delft residents, we explain the rules, with local examples, procedures at the District Court of The Hague, and steps via the Delft Legal Aid Office.

Why Bigamy Serves as Grounds for Nullity in Delft?

Monogamy is a core principle of Dutch family law. In Delft, under the jurisdiction of the District Court of The Hague, a new marriage may not be valid if one partner is still bound by a prior marriage. Bigamy grounds, as regulated in the Dutch Civil Code (DCC), render the marriage null from day one. This significantly impacts assets, children, and maintenance claims for Delft households.

Legal Rules on Bigamy Grounds

The foundation is found 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 the new marriage, or
• One partner had an ongoing registered partnership.

Bigamy is punishable under Article 176 of the Criminal Code (maximum 4 years imprisonment). In civil proceedings, the DCC governs nullity, which must be pronounced by the family judge of the District Court of The Hague (Article 1:31 DCC).

Absolute versus Relative Nullity

Bigamy results in absolute nullity (Article 1:30 DCC): anyone, including third parties, can have the marriage declared invalid. This differs from relative nullity, such as in sham marriages.

Examples of Bigamy in a Delft Context

Example: A Delft resident, such as Ahmed, marries Fatima in 2020 via Delft Municipality, but is still married in Morocco without a divorce. Fatima discovers this in 2023 and files a request with the District Court of The Hague. The marriage is declared null on bigamy grounds: Ahmed's first marriage stands, and Fatima loses property rights.

Or: A Delft couple with an undissolved partnership marries. This also qualifies as bigamy, often seen with expats who fail to report foreign marriages in Delft Municipality's Personal Records Database (BRP).

Rights and Obligations in Cases of Bigamy in Delft

Rights of the aggrieved partner:

• Apply for declaration of nullity at the District Court of The Hague.
• Claim damages via tort (Article 6:162 DCC).
• Children protected: parenthood remains (Article 1:207 DCC).

Obligations:

1. Report prior marriage when giving notice at Delft Municipality (Article 1:44 DCC).
2. Check BRP extract via Delft Municipality.

The bigamous partner may face criminal prosecution alongside the civil case.

Procedure for Nullity on Bigamy Grounds at the District Court of The Hague

1. Gather evidence: marriage certificates, BRP extracts from Delft Municipality.
2. Serve summons via lawyer.
3. Hearing before the family judge at the District Court of The Hague.
4. Judgment: null from the date of celebration.
5. Registration in the records.

Costs: approx. €1,500–€3,000 (court fees + lawyer). Low-income residents in Delft: free advice at the Delft Legal Aid Office or subsidized legal aid.

FAQs on Bigamy Grounds in Delft

Tips for Delft Residents

• Check BRP at Delft Municipality and request a 'certificate of no impediment to marriage'.
• Consult the Delft Legal Aid Office for a free intake if bigamy is suspected.
• For foreign marriages: follow Ministry of Justice protocol and report to Delft Municipality.
• Keep all documents; essential for proceedings at the District Court of The Hague.