Bigamy Grounds for Declaration of Nullity of Marriage in Zoetermeer
Bigamy grounds are a key reason for declaring a marriage null and void in the Netherlands, including for residents of Zoetermeer. A marriage is invalid if one partner was already married at the time it was entered into. This article discusses bigamy, the relevant legislation, local examples, and steps for Zoetermeer residents facing this issue.
Why Bigamy Counts as Grounds for Nullity in Zoetermeer
Monogamy is a core principle of Dutch family law. A subsequent marriage is impossible while a prior marriage is still in effect. Bigamy grounds, as provided in the Dutch Civil Code (DCC), render the marriage null from day one. For Zoetermeer residents, this affects assets, children, and maintenance claims, with proceedings handled at the District Court of Zoetermeer.
Legal Rules on Bigamy Grounds
The foundation is found in Dutch 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 ongoing registered partnership.
Bigamy is also a criminal offense under Article 176 of the Dutch Criminal Code (max. 4 years imprisonment). In civil proceedings, the DCC governs nullity through the family court (Art. 1:31 DCC) at the District Court of Zoetermeer.
Absolute versus Relative Nullity
Bigamy results in absolute nullity (Art. 1:30 DCC): anyone, including third parties, may challenge it. Unlike relative nullity (e.g., sham marriages).
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can bring proceedings? | Anyone, including third parties | Only parties involved |
| Time limit | None | 3 years after discovery |
| Effects | Marriage never valid | Limited to parties |
Examples of Bigamy in Zoetermeer
Ahmed from Zoetermeer marries Fatima in 2020 while his Moroccan marriage is still ongoing. Fatima discovers this in 2023 and files a request at the District Court of Zoetermeer. The second marriage is declared null: Ahmed's first marriage stands, and Fatima loses property rights.
Or a Zoetermeer resident with a partnership who marries without dissolution. This often occurs among expats or migrants in Zoetermeer who fail to report foreign marriages to the Municipality of Zoetermeer.
Rights and Obligations in Cases of Bigamy in Zoetermeer
Rights of the aggrieved party:
- Apply for declaration of nullity at the District Court of Zoetermeer.
- Claim damages via tort (Art. 6:162 DCC).
- Children protected: parentage remains (Art. 1:207 DCC).
Obligations:
- Report prior marriage to the Municipality of Zoetermeer (Art. 1:44 DCC).
- Check Personal Records Database extract via the municipality.
The bigamist risks criminal prosecution and civil proceedings.
Procedure for Declaration of Nullity at the District Court of Zoetermeer
1. Gather evidence: marriage certificates, Personal Records Database extract from the Municipality of Zoetermeer.
2. Have a lawyer serve summons at the District Court of Zoetermeer.
3. Hearing before the family judge.
4. Judgment: null from the outset.
5. Registration in the records.
Costs: approx. €1,500-€3,000. Low-income individuals: free advice at the Zoetermeer Legal Aid Desk or the Legal Aid Board.
Frequently Asked Questions about Bigamy in Zoetermeer
Is a bigamous marriage immediately null?
No, a court judgment is required (Art. 1:31 DCC) at the District Court of Zoetermeer.
Maintenance after nullity?
Spousal maintenance lapses, but possible via tort. Child maintenance remains.
Prior foreign marriage?
Verification via international documents with apostille. Check with the Zoetermeer Legal Aid Desk.
Does a bigamy claim expire?
No, absolute nullity has no time limit.
Tips for Zoetermeer Residents
- Check Personal Records Database at the Municipality of Zoetermeer and request a 'certificate of no impediment to marriage'.
- Consult the Zoetermeer Legal Aid Desk if in doubt about bigamy.
- For foreign marriages: follow the Ministry of Justice protocol.
- Keep all documents; essential for the District Court of Zoetermeer.