Free Marriage in Delft

Free Marriage in Delft

In Delft, you can enter into a free marriage through special arrangements offered by the Municipality of Delft, designed for residents with low incomes. This option ensures equal access to civil marriage, provided you meet the requirements. In this article, we discuss the local rules, steps, and tips, with a focus on the Delft context.

What does a free marriage in Delft entail?

The civil marriage is the only legally valid way to get married in the Netherlands, and thus in Delft as well. Normally, you pay fees to the Municipality of Delft for the civil registrar and any extras, such as a ceremony outside the town hall. A free marriage provides a waiver or discount on these costs for couples facing financial constraints. This often means a simple ceremony in the historic Delft town hall, without any additional embellishments. The goal is to allow every resident of Delft to marry, regardless of their budget.

Note: This covers only the core costs, not items like witnesses or a reception. According to CBS data, many couples marry annually in regions like Delft, and a portion takes advantage of this municipal support.

Legal basis in Delft

Marriage rules are governed by Book 1 of the Civil Code (BW), particularly Title 5 on marriage. Article 1:30 BW states that marriage must be civil and performed by a civil registrar. Fees are regulated under the Municipalities Act (Article 229), which allows the Municipality of Delft to set these charges.

The Municipality of Delft applies a waiver policy based on the Act on the Civil Registry and the General Administrative Law Act (Awb). This follows the Policy Rules for Remission of Municipal Taxes and Fees, linked to income and assets. In 2023, fees for a marriage in Delft range from €500-€700; if approved, this becomes €0. Check the Municipality of Delft's website for current rates. For advice, contact the Legal Aid Office in Delft.

Conditions for waiver in Delft

You qualify if:

• Your combined income is below the social assistance threshold (for example, €1,200 net per month for a single person in 2023).
• Your assets are limited (generally under €25,000).
• There are no additional income sources that exceed the limit.
• Often, proof of social assistance or a minimum benefit is required.

Couples with children or in vulnerable situations, such as refugees in Delft, receive priority.

The procedure for a free marriage in Delft

Here's how to arrange it with the Municipality of Delft:

1. Submit an application: Schedule an appointment with the civil registry of the Municipality of Delft at least 6 months in advance.
2. Provide documents: Submit passports, birth certificates, and a declaration of marital capacity (confirming you are free to marry).
3. Apply for waiver: Submit a form with your financial details; the municipality decides within 4-8 weeks.
4. Schedule the ceremony: Select a basic date and time slot; options for registrars or locations are limited.
5. Conduct the ceremony: Bring two witnesses; the proceeding lasts about 15 minutes in the Delft town hall.

The process typically takes 3-6 months. If denied, you can file an objection under the Awb (Article 7:1), possibly with help from the Legal Aid Office in Delft. For complex matters, the District Court of The Hague has jurisdiction.

Practical examples from Delft

Take Lisa and Tom, a couple from Delft with a combined net income of €1,700, receiving social assistance. They cannot afford the €550 fee and apply for a waiver with the Municipality of Delft. After reviewing their benefits and bank statements, they are allowed to marry for free on a weekday in the town hall, with family as witnesses – just the basics, without extra costs.

In Delft, the municipality offers a 'social marriage facility' for those on low incomes. A single parent with two children and a €950 benefit can arrange a free marriage, including registration in the Basic Registration of Persons (BRP).

Cost overview:

Rights and obligations for a free marriage in Delft

A free marriage in Delft holds the same legal value as a paid one: fully recognized, with an extract for the BRP. You have rights to community of property (or adjustments via marital conditions, see Marital Conditions) and inheritance rights.

Obligations: Be transparent about finances; dishonesty can result in fines. Both partners must be adults and capable of marriage (Article 1:31 BW). Report any name changes afterward if needed.

Frequently asked questions