Title 3
in forceMarriage
Section 1
Solemnisation and recognition of the validity of marriages
This section implements the Convention on the solemnisation and the recognition of the validity of marriages, concluded at The Hague on 14 March 1978…
The marriage is solemnised if each of the prospective spouses meets the requirements of Dutch law for entering into a marriage.
As regards form, a marriage in the Netherlands may only be solemnised before the Registrar of Civil Status with due observance of Dutch law, save for…
A marriage concluded outside the Netherlands that is legally valid under the law of the state where the solemnisation of the marriage took place, or…
Irrespective of Article 31 of this Book, recognition shall be withheld from a marriage concluded outside the Netherlands if this recognition is…
Articles 31 and 32 of this Book apply regardless of whether the recognition of the legal validity of a marriage is decided upon as a principal…
This section does not apply to the recognition of the validity of marriages solemnised before 1 January 1990.
Section 2
Legal relations between the spouses
In this section, "Regulation (EU) No 2016/1103" means: Council Regulation (EU) No 2016/1103 of 24 June 2016 implementing enhanced cooperation in the…
The personal legal relations between the spouses themselves that are not covered by Regulation (EU) No 2016/1103 are governed by the law that the…
In the absence of a designation of the applicable law, the mutual personal legal relations between the spouses that are not covered by Regulation…
If the spouses have a nationality in common, the law of that nationality applies as their common national law for the application of Article 36 of…
If a designation as referred to in Article 35 of this Book or a change in the circumstances mentioned in Article 36 of this Book leads to the…
Section 3
Some provisions regarding the matrimonial property regime
In this section, Regulation (EU) No 2016/1103 means: Council Regulation (EU) No 2016/1103 of 24 June 2016 implementing enhanced cooperation in the…
A spouse whose matrimonial property regime is governed by foreign law may have a notarial deed registered in the register referred to in Article 116…
If one of the spouses has derived a benefit through the application to an asset situated abroad of a law designated pursuant to the private…
Whether a spouse, in the event of divorce or legal separation (scheiding van tafel en bed), is entitled to a portion of the pension rights accrued by…
A designation by the spouses of the law applicable to their matrimonial property regime, or the amendment of such a designation, which was made…
Section 4
Dissolution of marriage and legal separation (scheiding van tafel en bed)
This section partly implements:
Dissolution of marriage and legal separation (scheiding van tafel en bed) can be pronounced in the Netherlands exclusively by the Dutch court.
Whether dissolution of marriage or legal separation (scheiding van tafel en bed) can be pronounced and on what grounds, is determined by Dutch law.
A dissolution of marriage or legal separation (scheiding van tafel en bed) obtained abroad after proper legal proceedings is recognised in the…
A dissolution of marriage abroad which has been effected solely by a unilateral declaration of one of the spouses is recognised if:
Notwithstanding Articles 57 and 58 of this Book, recognition shall be withheld from a dissolution of marriage effected abroad if this recognition is…