In Utrecht, a marriage can be declared null under specific circumstances. This means that the marriage is considered legally never to have existed.
What does declaration of nullity entail?
Declaration of nullity of a marriage in Utrecht means that the marriage is declared invalid with retroactive effect. This is different from divorce, where the marriage did exist but is terminated.
Grounds for declaration of nullity
| Ground | Explanation |
|---|---|
| Bigamy | One of the partners was already married |
| Prohibited relationship | Marriage between relatives who are too closely related |
| Age limit | One partner was too young to marry |
| Lack of consent | Marriage under duress or by deception |
| No consent of guardian | Marriage without required approval |
| Sham marriage | Marriage solely for legal benefits |
Procedure in Utrecht
The application for declaration of nullity proceeds via the court in Utrecht:
- Submit a request to the District Court of Midden-Nederland (Vrouwe Justitiaplein 1)
- The judge examines the ground for declaration of nullity
- If approved, the marriage is declared null
- Children retain their legitimate status
Who can file a request?
- The partners themselves
- The Public Prosecution Service (for example, in cases of bigamy)
- In some cases, other interested parties
Consequences of declaration of nullity
- The marriage is regarded as if it never existed
- No claim to alimony
- Children remain legally recognized
- Division of assets takes place without marital property conditions
Frequently asked questions about declaration of nullity in Utrecht
Does declaration of nullity differ from divorce?
No, with declaration of nullity the marriage is considered non-existent, whereas divorce terminates an existing marriage.
What happens to children after declaration of nullity?
Children from a null marriage retain their legitimate status and rights.
Is there a time limit for applying for declaration of nullity?
This varies by situation. In cases of duress or deception, there is often a limited period; in bigamy, there is no fixed time limit.
Contact and Assistance in Utrecht
For legal advice, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. For the procedure, you can contact the District Court of Midden-Nederland at Vrouwe Justitiaplein 1.