Bigamous Marriage in Utrecht
A bigamous marriage arises when someone in Utrecht marries while already legally married to another person. In the Netherlands, this constitutes an absolute impediment to marriage, rendering the marriage automatically void. Bigamy is not only civilly invalid but also a criminal offense. This article discusses bigamy specifically for Utrecht residents, including local procedures at the Municipality of Utrecht, District Court of Utrecht and Utrecht Legal Aid Desk.
What Does Bigamy Mean for Residents of Utrecht?
Bigamy means 'two marriages' and occurs when a new marriage is contracted without the prior one having been dissolved by divorce, death or annulment. In Utrecht, with its diverse population, you may only be married to one partner at a time. A bigamous marriage violates this monogamous principle and frequently arises in international relationships.
Unlike polygamy, which is openly practiced in some countries but not recognized in the Netherlands, bigamy is always concealed and illegal.
Legal Framework for Bigamy
The rules are laid down in the Civil Code Book 1 (BW) and Penal Code (Sr):
- Art. 1:31(1) BW: Bigamy completely bars the marriage if one party is already married.
- Art. 1:39 BW: The bigamous marriage is void ab initio and never existed.
- Art. 237 Sr: Punishable by a maximum of two years' imprisonment or fine.
At the Municipality of Utrecht, the civil registrar checks your status via the Personal Records Database (BRP). If discovered, the marriage will be refused.
Examples of Bigamy in Utrecht
Ahmed from Utrecht is married to Fatima but enters a marriage in Morocco with Aisha without divorcing. The second marriage is void and Ahmed may be prosecuted by the Public Prosecutor's Office at the District Court of Utrecht.
Or Maria from the Dom City remarries, but the divorce registration is delayed. The new marriage is void until the records are corrected via the Municipality of Utrecht.
Bigamy often surfaces among migrants who conceal foreign marriages or in cases of relationship deception.
Consequences of Bigamy for Utrecht Residents
A bigamous marriage leads to serious civil and criminal consequences:
- Voidness: No legal marriage; children remain legitimate (art. 1:40 BW).
- No property sharing: Matrimonial property regime does not apply.
- Criminal liability: Prosecution possible; the deceived partner can claim damages at the District Court of Utrecht.
- Inheritance rights: No rights for the bigamous partner.
Overview:
| Valid marriage | Bigamous marriage | |
|---|---|---|
| Legal status | Valid and binding | Void ab initio |
| Children | Legitimate | Legitimate |
| Punishable | No | Yes (art. 237 Sr) |
| Property regime | Yes | No |
Relation to Annulment
See also Annulment of Marriage. In cases of bigamy, no ruling from the District Court of Utrecht is required; voidness is automatic.
Rights and Obligations in Cases of Bigamy in Utrecht
- The bigamist: Dissolve the previous marriage first. If caught: penalties and claims at the District Court of Utrecht.
- The second partner: Establish voidness and claim damages for misrepresentation. No duty to pay maintenance.
- The first partner: Retains all rights and can intervene under family law.
- Children: Full protection regarding maintenance, inheritance and surname.
Frequently Asked Questions about Bigamy in Utrecht
Is a bigamous marriage from abroad valid in Utrecht?
No, the Netherlands does not recognize it (art. 27 Conflict of Laws (Marriage) Act). Check the BRP at the Municipality of Utrecht.
What if bigamy is unintentional due to an error?
In cases of a relative impediment, the District Court of Utrecht may lift the voidness. Prove lack of knowledge and correct via the municipality.
Can I claim damages from a bigamist in Utrecht?
Yes, as a party in criminal proceedings or civilly (art. 6:162 BW) at the District Court of Utrecht. Including emotional and financial harm.
Are children from a bigamous marriage legitimate?
Yes, art. 1:40 BW ensures equality.
Tips for Utrecht Residents
Prevent issues:
- Check your status in the BRP at the Municipality of Utrecht.
- Request a marriage status extract from the Municipality of Utrecht.
- For foreign marriages: legalize and verify under private international law.
- Bigamy discovered? Report to Utrecht police and call Utrecht Legal Aid Desk for free advice or a family law attorney.
Recommendation: Contact Utrecht Legal Aid Desk for initial assistance with annulments, criminal matters or claims. Related articles follow.