Bigamy Grounds for Nullity of Marriage in Rotterdam
Bigamy grounds are a crucial reason to have a marriage declared null in the Netherlands, particularly relevant for Rotterdam residents with diverse backgrounds. A marriage can be invalid if one partner already had an existing marriage at the time of entering into it. In Rotterdam, as a vibrant port city with many international couples, this arises frequently. This article covers bigamy, the relevant laws, examples, and steps for Rotterdam residents.
Why Bigamy is a Ground for Nullity in Rotterdam
Monogamy is a core principle of Dutch family law. You cannot enter a new marriage if you are still bound by a previous one. Bigamy grounds, as provided in the Civil Code (CC), render the marriage null from day one, as if it never existed. This impacts property, children, and alimony, which can be especially complex in multicultural Rotterdam due to foreign marriages.
Legal Basis for Bigamy Grounds
The rules on bigamy grounds are found in 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 invalid registered partnership.
Bigamy is also a criminal offense under Article 176 of the Criminal Code (max. 4 years' imprisonment). For civil annulment, proceedings are brought before the Rotterdam District Court by the family judge (Art. 1:31 CC).
Difference Between Absolute and Relative Nullity
Bigamy results in absolute nullity (Art. 1:30 CC): anyone, even third parties, can challenge it. This differs from relative nullity in sham marriages.
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can challenge? | Anyone, including third parties | Only involved parties |
| Time limit | No limitation period | 3 years after discovery |
| Consequences | Marriage never valid | Limited to parties |
Examples of Bigamy in Rotterdam
Ahmed marries Fatima in 2020 at the Municipality of Rotterdam, but he is still married to his ex-wife in Turkey. Fatima discovers this in 2023 and applies to the Rotterdam District Court. The marriage is declared null on bigamy grounds: Ahmed's first marriage remains valid, and Fatima loses property rights.
Or: a Rotterdam resident with an undissolved partnership enters a marriage. This often occurs in migrant families in neighborhoods like Feijenoord, where foreign marriages may not be properly recorded in the Personal Records Database (BRP).
Rights and Obligations in Cases of Bigamy in Rotterdam
Rights of the aggrieved party:
- Apply for annulment at the Rotterdam District Court.
- Claim damages on grounds of tort (Art. 6:162 CC).
- Children protected: parentage remains intact (Art. 1:207 CC).
Obligations:
- Check the BRP and disclose any prior marriage to the Municipality of Rotterdam (Art. 1:44 CC).
- Obtain an extract before marriage.
The bigamist risks criminal prosecution and civil proceedings.
Annulment Procedure at Rotterdam District Court
1. Gather evidence: marriage certificates, BRP extracts.
2. Have a lawyer serve a summons on the Rotterdam District Court.
3. Hearing before the family judge.
4. Judgment: null from the date of celebration.
5. Register the decision.
Costs: €1,500–€3,000. Low-income applicants: subsidized legal aid or start at the Rotterdam Legal Aid Office.
Frequently Asked Questions on Bigamy Grounds in Rotterdam
Is a bigamous marriage automatically null?
No, a court judgment from the Rotterdam District Court is required (Art. 1:31 CC).
Alimony after annulment?
Spousal support from the marriage lapses, but may be claimed via tort. Child support remains.
Prior marriage abroad?
Rotterdam District Court verifies via apostille. See nullity declaration.
Does a bigamy claim expire?
No, absolute nullity can always be invoked.
Tips for Rotterdam Residents
- Check BRP at the Municipality of Rotterdam: request a 'certificate of no impediment to marriage'.
- Call the Rotterdam Legal Aid Office if in doubt about bigamy.
- Family law attorney for internationals: plenty of expertise in Rotterdam.
- Keep documents; essential for proceedings.