Bigamy Grounds for Nullity of Marriage in Amsterdam
Bigamy grounds are a crucial reason for declaring a marriage null and void for Amsterdam residents. A marriage in Amsterdam can be invalidated if one partner was already in an existing marriage at the time it was entered into. In this article, we explore the meaning of bigamy, Dutch legislation, local examples, and steps you can take in Amsterdam.
Why Do Bigamy Grounds Count as Grounds for Nullity in Amsterdam?
Monogamy is a core principle in Dutch family law, especially in a diverse city like Amsterdam. A subsequent marriage is impossible if one partner is still bound by a previous marriage. Bigamy grounds, as regulated in the Dutch Civil Code (DCC), render the marriage null from day one. This affects assets, children, and spousal support, with added impact in Amsterdam's vibrant society.
Legal Basis for Bigamy Grounds
The rules on bigamy grounds are found in Dutch Civil Code Book 1, Article 1:30(1)(a). A marriage is null if:
- One partner was already married at the time of the marriage, or
- One partner had an ongoing registered partnership.
Bigamy is also a criminal offense under Article 176 of the Criminal Code (maximum 4 years' imprisonment). On the civil side, the DCC governs nullity, which must be pronounced by the family judge of the Amsterdam District Court (Article 1:31 DCC).
Absolute versus Relative Nullity
Bigamy results in absolute nullity (Article 1:30 DCC): anyone, including third parties, can have the marriage declared invalid. Unlike relative nullity, such as in sham marriages.
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can bring proceedings? | Anyone, including third parties | Only the parties involved |
| Time limit | None | 3 years after discovery |
| Effects | Marriage never existed | Limited to those involved |
Examples of Bigamy Grounds in Amsterdam
Example: Mohammed marries Aisha in Amsterdam in 2021, while his marriage in Turkey has not been dissolved. Aisha discovers this in 2024 and files a request with the Amsterdam District Court. The second marriage is declared null on bigamy grounds. Mohammed's first marriage remains intact; Aisha loses property rights.
Or: An Amsterdam resident with an ongoing partnership marries without dissolving it. This also qualifies as bigamy. In Amsterdam, this often occurs with expats and migrants whose foreign marriages are not recorded in the Personal Records Database (BRP) of the Municipality of Amsterdam.
Rights and Obligations in Cases of Bigamy in Amsterdam
Rights of the aggrieved partner:
- Apply for nullity at the Amsterdam District Court.
- Claim damages via tort (Article 6:162 DCC).
- Children protected: parenthood remains (Article 1:207 DCC).
Obligations:
- Report previous marriage to the civil registry of the Municipality of Amsterdam (Article 1:44 DCC).
- Check BRP extract.
The bigamous partner risks criminal prosecution and civil proceedings.
Procedure for Nullity on Bigamy Grounds at the Amsterdam District Court
1. Gather evidence: marriage certificates, BRP data from the Municipality of Amsterdam.
2. Have a lawyer serve a summons.
3. Hearing before the family judge at the Amsterdam District Court.
4. Judgment: null from the date of celebration.
5. Registration in the records.
Costs: approx. €1,500–€3,000. Low-income individuals: free advice from the Amsterdam Legal Aid Office or via the Legal Aid Board.
Frequently Asked Questions about Bigamy Grounds in Amsterdam
Is a bigamous marriage immediately null?
No, a court judgment from the Amsterdam District Court is required (Article 1:31 DCC). Otherwise, it appears valid.
Spousal support after nullity?
It lapses from a null marriage, but can be claimed via tort. Child support always applies.
Previous foreign marriage?
The Amsterdam District Court verifies via international sources. Apostille required. See nullity of marriage.
Does a bigamy claim expire?
No, absolute nullity has no time limit.
Tips for Amsterdam Residents
- Check BRP at the Municipality of Amsterdam: apply for a 'certificate of no impediment to marriage'.
- Contact a family law attorney or the Amsterdam Legal Aid Office if in doubt.
- For foreign marriages: follow the Ministry of Justice protocol.
- Keep all documents; essential for the Amsterdam District Court.