Dutch Legislation

Title 5

in force

Marriage

Civil Code — Book 1 (Burgerlijk Wetboek Boek 1) · Articles: 56

Section None

Marriage

1:30 Article 1:30

A marriage may be entered into by two persons of different or of the same sex.

Section 1

Requirements for entering into a marriage

1:31 Article 1:31

In order to be permitted to enter into a marriage, a man and a woman must have reached the age of eighteen years.

1:32 Article 1:32

A marriage may not be entered into when the mental faculties of a party are impaired to such an extent that this party is unable to determine his or…

1:33 Article 1:33

A person can be bound by marriage to only one other person at the same time.

1:34 Article 1:34 repealed
1:35 Article 1:35 repealed
1:36 Article 1:36 repealed
1:37 Article 1:37

A person who is under curatorship on account of a habit of alcohol or drug abuse may not contract a marriage without the consent of his curator.

1:38 Article 1:38

A person who is under guardianship (curatele) on account of his physical or mental condition may not enter into a marriage without the permission of…

1:39 Article 1:39

If the court has granted permission, the time limit for appeal is fourteen days, and during that period the order cannot be executed.

1:40 Article 1:40 repealed
1:41 Article 1:41

A marriage may not be contracted between those who are related to each other, whether by nature or by family law, in the ascending and in the…

1:41a Article 1:41a

A marriage may not be contracted between persons who are blood relatives of each other, whether by nature or by family law, in the third or fourth…

1:42 Article 1:42

Those who wish to enter into a marriage with each other may not at the same time have entered into a registered partnership.

Section 2

Formalities preceding the solemnization of the marriage

1:43 Article 1:43 repealed
1:44 Article 1:44

For the purpose of making known their intention to enter into marriage, the prospective spouses, of whom at least one possesses Dutch nationality…

1:45 Article 1:45

If the particulars of birth of a prospective spouse cannot be verified and the latter is unable to submit a birth certificate, the person concerned…

1:45a Article 1:45a

If the data concerning death as referred to in Article 44, paragraph 1, under c, cannot be verified and the prospective spouses are unable to submit…

1:46 Article 1:46

If the marriage has not been solemnised within one year, calculated from the date on which the intention to do so was made known, it may not be…

1:47 Article 1:47 repealed
1:48 Article 1:48

If the person who wishes to remarry has authority over children from a previous marriage, the Registrar of Civil Status shall without delay give…

1:49 Article 1:49

Promises of marriage grant no right of action to enter into a marriage, nor to compensation for the non-fulfilment of the promises; all stipulations…

1:49a Article 1:49a

If a Dutch national wishes to enter into a marriage outside the Netherlands, a certificate of capacity to marry (verklaring van huwelijksbevoegdheid)…

Section 3

Stay of the marriage

1:50 Article 1:50

A marriage may be stayed when the parties do not possess the requirements to enter into a marriage, or when both parties will not give their free…

1:51 Article 1:51

The following persons are entitled to effect a stay of the solemnisation of the marriage (stuiting), when the parties do not possess the requirements…

1:52 Article 1:52

A person who is joined to one of the parties by marriage or who has entered into a registered partnership (geregistreerd partnerschap) with one of…

1:53 Article 1:53

The Public Prosecution Service is obliged to prevent a proposed marriage if it is aware of any of the impediments to marriage described in Articles…

1:54 Article 1:54

The stay shall be effected by service of a deed upon the registrar of the municipality where the solemnisation of the marriage is to take place.

1:55 Article 1:55

A suspension may be lifted:

1:56 Article 1:56

The marriage may not be solemnised before the stay has been lifted. Should it nevertheless have been solemnised while a legal proceeding for the…

1:57 Article 1:57

A Registrar of Births, Deaths, Marriages and Registered Partnerships (ambtenaar van de burgerlijke stand) who is aware of the existence of any of the…

Section 4

The solemnization of the marriage

1:58 Article 1:58

The Registrar of Births, Deaths, Marriages and Civil Partnerships shall, prior to proceeding with the solemnisation of the marriage, verify once more…

1:59 Article 1:59 repealed
1:60 Article 1:60 repealed
1:61 Article 1:61 repealed
1:62 Article 1:62

The marriage may not be solemnised before the fourteenth day after the date on which the intention to enter into the marriage was made known to the…

1:63 Article 1:63

A marriage shall be solemnised in public at the town hall in the presence of the registrar of the municipality designated by the prospective spouses…

1:64 Article 1:64

If one of the parties is prevented from proceeding to the municipal office due to a properly proven legal impediment, the marriage may be solemnised…

1:65 Article 1:65

The prospective spouses are obliged to appear in person before the Registrar of Civil Status at the solemnisation of their marriage.

1:66 Article 1:66

Our Minister of Justice shall be at liberty, on the grounds of compelling reasons, to grant parties permission to have the solemnisation of the…

1:67 Article 1:67

The prospective spouses must declare before the registrar of the civil status and in the presence of the witnesses that they accept each other as…

1:68 Article 1:68

No religious ceremonies may take place before the parties have demonstrated to the minister of religion that the marriage has been solemnised before…

Section 5

Annulment of a marriage

1:69 Article 1:69

Insofar as not otherwise provided below, on the ground that the spouses did not possess the requirements to enter into a marriage together, the…

1:70 Article 1:70

Upon the petition of the parents, the spouses and the Public Prosecution Service, a marriage may be annulled if it has been solemnised before an…

1:71 Article 1:71

A spouse may petition for the annulment of his marriage when he has entered into it under the influence of duress. Furthermore, the public…

1:71a Article 1:71a

At the petition of the public prosecution service, a marriage may be declared null and void as a sham transaction on the grounds of being contrary to…

1:72 Article 1:72

A marriage cannot be declared null and void on the grounds that at the time of the solemnisation of the marriage (voltrekking van het huwelijk) one…

1:73 Article 1:73

The annulment of a marriage on the grounds of a mental disorder may, after the cessation of the disorder, only be petitioned for by the spouse who…

1:74 Article 1:74

The annulment of a marriage, entered into by a person who lacked the required age, may not be petitioned for if that person has reached the required…

1:75 Article 1:75

Due to the absence of a required consent from a third party, the annulment of the marriage may only be petitioned for by that third party or, in the…

1:76 Article 1:76

Subject to the provisions of Article 56 of this Book, the court shall only declare a marriage null and void on the basis of a petition in accordance…

1:77 Article 1:77

The annulment of the marriage shall take effect as soon as the order has become final and binding (kracht van gewijsde); it shall have retroactive…

Section 5A

Conversion of a marriage into a registered partnership

1:77a Article 1:77a repealed

Section 6

Proof of the existence of the marriage

1:78 Article 1:78

The existence of a marriage solemnised in the Netherlands cannot be proven otherwise than by the marriage certificate or by the certificate of…

1:79 Article 1:79

If the marriage register has not existed or has been lost, or if the marriage certificate or the certificate of conversion referred to in Article 80g…

1:80 Article 1:80

If it is contested in a legal proceeding that a child, who has the outward possession of status (bezit van staat), was born of a marriage, then the…