Bigamous Marriage in Delft
A bigamous marriage arises when someone in Delft or elsewhere enters into a new marriage while already legally married to another person. In the Netherlands, this constitutes an absolute impediment to marriage, rendering it automatically void. Bigamy is not only invalid under civil law but also a criminal offense. This article for residents of Delft explains what bigamy entails, the legal consequences, and steps to take if issues arise, with references to local institutions such as the Municipality of Delft and the District Court of The Hague.
What Does Bigamy Mean for Residents of Delft?
Bigamy, or 'two marriages at once', occurs when a new marriage is contracted without the prior one having been dissolved by divorce, death, or annulment. In Delft, you may only be married to one partner at a time, in line with monogamous marriage law. A bigamous marriage violates this principle.
Difference from polygamy: bigamy typically happens secretly and illegally, while polygamy is accepted in some cultures but never recognized in the Netherlands.
Legal Rules on Bigamy
The rules on bigamy are set out in the Dutch Civil Code Book 1 (DCC) and the Dutch Penal Code (DPC):
- Art. 1:31(1) DCC: Bigamy fully prevents the marriage if one party is already married.
- Art. 1:39 DCC: The bigamous marriage is void ab initio and never existed.
- Art. 237 DPC: Punishable by up to two years' imprisonment or a fine.
In Delft, the civil registrar at the Municipality of Delft checks your marital status via the Personal Records Database (BRP). Discovery of bigamy results in refusal of the marriage.
Examples of Bigamy in Delft Practice
Suppose a Delft resident like Ahmed, married to Fatima, weds Aisha in Morocco without divorcing. This bigamous marriage is void and may lead to prosecution at the District Court of The Hague.
Or: Maria from Delft remarries quickly, but the divorce has not yet been recorded in the BRP. The marriage is void until corrected.
Bigamy often arises among migrants in Delft who fail to report foreign marriages, or in cases of deception.
Consequences of Bigamy for Residents of Delft
A bigamous marriage carries serious civil and criminal risks:
- Voidness: The marriage does not exist; children remain legitimate (Art. 1:40 DCC).
- No property sharing: No community of property.
- Criminal liability: Prosecution possible; the aggrieved partner may claim damages via the District Court of The Hague.
- Inheritance: No inheritance rights for the bigamous partner.
Overview:
| Valid Marriage | Bigamous Marriage | |
|---|---|---|
| Legal Validity | Valid | Void ab initio |
| Status of Children | Legitimate | Legitimate |
| Punishable? | No | Yes (Art. 237 DPC) |
| Property Regime | Yes | No |
Connection to Annulment
Read more in our article on annulment of marriage. In bigamy cases, no court intervention is needed; voidness applies immediately.
Rights and Obligations in Bigamy Cases in Delft
- The Bigamist: Dissolve the prior marriage first. Liable for criminal sanctions and claims via the District Court of The Hague.
- The Second Partner: Establish voidness and claim damages for misrepresentation; no alimony.
- The First Partner: Retains all rights; may seek intervention via divorce.
- Children: Retain full rights to maintenance, inheritance, and surname.
Frequently Asked Questions about Bigamy in Delft
Is a bigamous marriage from abroad valid in Delft?
No, the Netherlands does not recognize it, even if performed abroad (Art. 27 Conflicts of Law (Marriage) Act). Check your status in the BRP at the Municipality of Delft.
What if unintentional bigamy due to an error in Delft?
For a relative impediment, the court may lift the nullity. Prove lack of knowledge and correct it via the Municipality of Delft.
Can I claim damages from a bigamist in Delft?
Yes, as a party in criminal proceedings or civilly under Art. 6:162 DCC at the District Court of The Hague, for emotional or financial harm.
Are children from bigamy legitimate in Delft?
Yes, Art. 1:40 DCC protects their status.
Tips for Delft Residents to Avoid Bigamy
Follow these steps:
- Check your status in the BRP at the Municipality of Delft before marrying.
- Request an extract of your marital status from the Municipality of Delft.
- For foreign marriages: legalize and verify under private international law.
- Discovered bigamy? Report to the police, visit the Legal Aid Office Delft, and engage a family law attorney at the District Court of The Hague.
Recommendation: Call the Legal Aid Office Delft for free advice. They assist with annulments, criminal cases, and claims. See also related articles.