Title 5
in forceMarriage
Section None
Marriage
A marriage may be entered into by two persons of different or of the same sex.
Section 1
Requirements for entering into a marriage
In order to be permitted to enter into a marriage, a man and a woman must have reached the age of eighteen years.
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…
A person can be bound by marriage to only one other person at the same time.
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.
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…
If the court has granted permission, the time limit for appeal is fourteen days, and during that period the order cannot be executed.
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…
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…
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
For the purpose of making known their intention to enter into marriage, the prospective spouses, of whom at least one possesses Dutch nationality…
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…
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…
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…
If the person who wishes to remarry has authority over children from a previous marriage, the Registrar of Civil Status shall without delay give…
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…
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
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…
The following persons are entitled to effect a stay of the solemnisation of the marriage (stuiting), when the parties do not possess the requirements…
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…
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…
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.
A suspension may be lifted:
The marriage may not be solemnised before the stay has been lifted. Should it nevertheless have been solemnised while a legal proceeding for the…
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
The Registrar of Births, Deaths, Marriages and Civil Partnerships shall, prior to proceeding with the solemnisation of the marriage, verify once more…
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…
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…
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…
The prospective spouses are obliged to appear in person before the Registrar of Civil Status at the solemnisation of their marriage.
Our Minister of Justice shall be at liberty, on the grounds of compelling reasons, to grant parties permission to have the solemnisation of the…
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…
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
Insofar as not otherwise provided below, on the ground that the spouses did not possess the requirements to enter into a marriage together, the…
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…
A spouse may petition for the annulment of his marriage when he has entered into it under the influence of duress. Furthermore, the public…
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…
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…
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…
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…
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…
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…
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
Section 6
Proof of the existence of the marriage
The existence of a marriage solemnised in the Netherlands cannot be proven otherwise than by the marriage certificate or by the certificate of…
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…
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…