Bigamy Grounds for Annulment of Marriage in Utrecht
Bigamy grounds are a crucial reason for having a marriage declared null and void in the Netherlands, particularly for residents of Utrecht. A marriage is invalid if one partner already had another valid marriage or registered partnership at the time it was entered into. In this article, we explore the meaning of bigamy, the legal framework, practical examples, and steps for Utrecht residents facing this situation.
Why Do Bigamy Grounds Qualify for Annulment in Utrecht?
Monogamy is at the heart of Dutch family law. A subsequent marriage is impossible while a prior marriage is still in effect. Bigamy grounds, as defined in the Dutch Civil Code (DCC), render the marriage null from the outset, as if it never existed. For Utrecht residents, this affects assets, children, and maintenance claims, with proceedings handled at the District Court of Utrecht.
Legal Basis for Bigamy Grounds
The provisions on bigamy grounds are 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 marriage, or
- One partner had an ongoing registered partnership.
Bigamy is also a criminal offense under Article 176 of the Criminal Code (maximum 4 years' imprisonment). In civil proceedings, the DCC governs annulment, which must be pronounced by the family judge at the District Court of Utrecht (Article 1:31 DCC).
Absolute versus Relative Nullity
Bigamy results in absolute nullity (Article 1:30 DCC): anyone, including third parties, may seek to have the marriage declared invalid. This differs from relative nullity, such as sham marriages.
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can bring proceedings? | Anyone, including third parties | Only involved parties |
| Time limit | None | 3 years from discovery |
| Effects | Marriage never valid | Limited to parties |
Examples of Bigamy Grounds in a Utrecht Context
Example: Ahmed marries Fatima in Utrecht in 2020, but he is still married to his ex-wife in Morocco without a divorce. Fatima discovers this in 2023 and files a request with the District Court of Utrecht. The marriage is declared null on bigamy grounds. Ahmed's first marriage remains valid; Fatima loses property rights from the second marriage.
Or: A Utrecht resident with a registered partnership marries without dissolving it. This also qualifies as bigamy. This often occurs with expats in Utrecht whose foreign marriages are not properly recorded in the Personal Records Database (BRP) of the Municipality of Utrecht.
Rights and Obligations in Cases of Bigamy in Utrecht
Rights of the aggrieved partner:
- Apply for annulment at the District Court of Utrecht.
- Claim damages via tort (Article 6:162 DCC).
- Children protected: parenthood remains intact (Article 1:207 DCC).
Obligations:
- Inform the civil registry of the Municipality of Utrecht about the prior marriage (Article 1:44 DCC).
- Check BRP extract at the Municipality of Utrecht.
The bigamous partner risks criminal prosecution and civil proceedings.
Annulment Procedure for Bigamy at the District Court of Utrecht
1. Gather evidence: marriage certificates, BRP data from the Municipality of Utrecht.
2. Lawyer serves summons on the District Court of Utrecht.
3. Hearing before the family judge.
4. Judgment: null from the date of celebration.
5. Notification of registers.
Costs: approximately €1,500-€3,000 (court fees + lawyer). Low-income residents in Utrecht can seek assistance from the Utrecht Legal Aid Office or the Legal Aid Council.
Frequently Asked Questions on Bigamy Grounds in Utrecht
Is a bigamous marriage immediately null?
No, a court judgment is required (Article 1:31 DCC). Otherwise, it appears valid.
Maintenance after annulment?
It lapses from a null marriage, but may be claimed via tort. Child maintenance remains in place.
Prior marriage abroad?
Dutch law verifies via registers; apostille required. See marriage annulment or the Utrecht Legal Aid Office.
Does a bigamy claim expire?
No, absolute nullity has no time limit.
Tips for Utrecht Residents
- Check BRP at the Municipality of Utrecht; apply for a 'certificate of no impediment to marriage'.
- Consult the Utrecht Legal Aid Office if bigamy is suspected.
- For international marriages: follow Ministry of Justice protocol.
- Keep documents; essential for the District Court of Utrecht.