Conditions for Marriage in Delft
In Delft, as part of the Netherlands, marriage forms a legal bond between two individuals that must meet strict legal requirements to be valid. These rules, set out in the Civil Code, ensure the marriage is voluntary, exclusive, and intended to last. They protect both the parties involved and the local community from unfair practices. In this article, we outline the key requirements, from age limits to impediments, with a focus on procedures in Delft, so residents are well-prepared for this significant step.
Definition and General Explanation
The conditions for marriage in the Netherlands, including Delft, cover the legal criteria needed for a valid ceremony. Under Dutch family law in the Civil Code (BW), the marriage must be voluntary, genuine, and exclusive. This means both partners must give informed consent, have no existing marriages, and avoid prohibited family ties. In Delft, the marriage is formally conducted by the civil registrar of the Municipality of Delft. Failing to meet these requirements can lead to annulment, affecting assets, inheritance, and support obligations.
These rules promote lasting relationships and safeguard vulnerable groups, such as young people or those in unequal positions. They apply to all marriages, whether between a man and a woman or same-sex partners, following the introduction of same-sex marriage in 2001.
Legal Basis
The conditions for marriage are outlined in Book 1 of the Civil Code, particularly Title 5 (Marriage). Relevant provisions include:
- Article 1:30 BW: Age requirements. Partners must be at least 18 years old. Exceptions from age 16 are possible with permission from the District Court of The Hague, for instance, in urgent cases like pregnancy.
- Articles 1:31 to 1:38 BW: Impediments to marriage. This includes bigamy, close family ties, and guardianship relationships.
- Article 1:39 BW: Voluntary consent. The marriage must not occur under coercion or deception.
- Article 1:40 BW: Exclusivity; a new marriage is prohibited until the previous one is dissolved.
The Civil Registration Act governs the administrative steps, such as applying for a marriage capacity certificate from the Municipality of Delft. For international cases, treaties like the Hague Marriage Convention apply, but here we focus on the basic rules in the Netherlands, relevant for residents of Delft.
Age Requirements and Capacity
A core requirement is the minimum age of 18 for both partners, introduced in 2015 to prevent child marriages. Exceptions are limited and require approval from the District Court of The Hague. For example, a 17-year-old student from Delft who is pregnant and wants to marry her partner may receive permission after judicial review.
Additionally, each partner must be legally competent, meaning capable of understanding the implications of marriage. Individuals under guardianship, such as those with cognitive impairments, need court approval. This prevents exploitation, and in Delft, you can seek advice from the Legal Aid Desk for support.
Marriage Impediments
Dutch law, including in Delft, recognizes various impediments that block a marriage. These fall into absolute and relative categories:
| Type | Description | Example | Consequence |
|---|---|---|---|
| Absolute | Bigamy or existing marriage | A resident of Delft who is already married wants to enter a new marriage | Marriage invalid |
| Absolute | Close blood relation | A brother and sister from Delft attempt to marry | Fully prohibited (art. 1:31 BW) |
| Relative | Affinity | In-laws in Delft | Possible with permission, but rarely granted |
| Absolute | Adoption relationship | An adoptive parent and child in the Delft area | Prohibited, except if adoption is dissolved |
These impediments are checked through the marriage capacity certificate, applied for at the Municipality of Delft and reviewed by the registry. If an obstacle is found, the marriage application is rejected.
Practical Examples
For instance, Anna (19) and Bob (20), both living in Delft, want to get married. They meet the age requirement and have no impediments, so the ceremony can proceed at the Municipality of Delft. But if Bob is still bound to a former partner (bigamy), the request is delayed until the divorce is finalized.
Another case: Two first-degree relatives, like an uncle and niece from Delft, consider marriage. This falls under relative affinity (art. 1:35 BW), requiring court permission. The District Court of The Hague assesses ethical and health risks, and approval is rare.
For expats in Delft: A local resident and a foreigner must submit documents proving their civil status, translated and legalized, to meet the requirements. The Legal Aid Desk in Delft offers free support for this.
Rights and Obligations in Marriage
Once the conditions in Delft are met, certain rights and obligations arise for the spouses:
- Equal rights: Partners have the right to mutual assistance, respect, and fidelity (art. 1:81 BW).
- Financial obligations: Marital property agreements regulate asset division, such as the limited community of property since 2018 or separate property regimes.
- Parental rights: Both parents share responsibilities for children, with joint custody as the default.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.