Bigamous Marriage in Rotterdam
In Rotterdam, a bigamous marriage is a marriage in which one partner is already legally married to someone else. This constitutes an absolute prohibition under Dutch law, rendering such a marriage automatically invalid. Bigamy is not only legally null and void but also a criminal offense. This article for Rotterdam residents explains what it entails, the consequences, and the steps to take at the Municipality of Rotterdam, District Court of Rotterdam, or Legal Aid Office Rotterdam.
What Does Bigamy Mean for Rotterdam Residents?
Bigamy arises when someone in Rotterdam enters a new marriage without first dissolving the prior one through divorce, death, or annulment. Under Dutch law, you may be married to only one person at a time. In our port city with its many international relationships, bigamy often disregards this monogamous principle.
Difference from polygamy: bigamy is clandestine and illegal, whereas polygamy is practiced openly elsewhere but is never valid in the Netherlands.
Legal Rules on Bigamy
The relevant legislation is set out in the Civil Code Book 1 (BW) and Criminal Code (Sr):
- Art. 1:31(1) BW: Bigamy prevents a marriage if one party is already married.
- Art. 1:39 BW: The bigamous marriage is automatically null and void and is deemed never to have existed.
- Art. 237 Sr: Punishable by a maximum of two years' imprisonment or a fine.
Officials at the Municipality of Rotterdam check your records in the Personal Records Database (BRP) prior to the marriage and will refuse to proceed if bigamy is suspected.
Examples of Bigamy in Rotterdam
Ahmed from Rotterdam, married to Fatima, enters a marriage with Aisha in Morocco without divorcing. This bigamous marriage is null and void, and Ahmed risks prosecution by the District Court of Rotterdam.
Or Maria from Feijenoord remarries quickly, but her divorce is not yet recorded in the BRP. The new marriage remains null and void until corrected.
In Rotterdam, this often occurs among migrants who fail to disclose foreign marriages or in cases of partner deception.
Consequences of Bigamy for You
A bigamous marriage in Rotterdam gives rise to serious civil and criminal consequences:
- Nullity: It has no legal effect. Children remain legitimate (art. 1:40 BW).
- No asset sharing: No community of property.
- Criminal liability: Prosecution is possible; the aggrieved partner may claim damages at the District Court of Rotterdam.
- Inheritance rights: No rights for the bigamous partner.
Overview:
| Valid Marriage | Bigamous Marriage | |
|---|---|---|
| Status | Valid | Automatically null and void |
| Children | Legitimate | Legitimate |
| Punishable | No | Yes (art. 237 Sr) |
| Assets | Yes | No |
Connection to Annulment
See also Annulment of Marriage. In cases of bigamy, nullity applies automatically without intervention by the District Court of Rotterdam.
Rights in Cases of Bigamy in Rotterdam
- The bigamist: Dissolve the previous marriage first. Upon discovery: face punishment and claims.
- Second partner: Seek confirmation of nullity and claim damages for misrepresentation. No alimony entitlement.
- First partner: Retains all rights; seek divorce if necessary.
- Children: Retain full rights to maintenance, inheritance, and surname.
Frequently Asked Questions for Rotterdam Residents
Is a bigamous marriage from abroad valid in Rotterdam?
No, it is not recognized in the Netherlands (art. 27 Conflict of Laws (Marriage) Act). Check the BRP at the Municipality of Rotterdam.
Bigamy due to an administrative error?
In cases of relative impediment, the District Court of Rotterdam may lift the nullity. Prove lack of knowledge and correct it promptly.
Damages from the bigamist?
Yes, either in criminal proceedings or civilly at the District Court of Rotterdam (art. 6:162 BW), e.g., for emotional or financial harm.
Are children from a bigamous marriage legitimate?
Yes, protected under art. 1:40 BW, on equal footing with other children.
Tips for Rotterdam Residents
Prevent problems:
- Check your status in the BRP at the Municipality of Rotterdam.
- Request a marital status extract from the Municipality of Rotterdam.
- For foreign weddings: legalize and verify under international private law.
- Bigamy discovered? Report to the police and contact the Legal Aid Office Rotterdam or a family law attorney.
Tip: Call the Legal Aid Office Rotterdam for free advice on annulment, criminal matters, or claims. Related articles follow.