Bigamous Marriage in Amsterdam
A bigamous marriage arises when someone in Amsterdam marries while already legally married to another person. In the Netherlands, this constitutes an absolute impediment to marriage, rendering the marriage automatically null and void. Bigamy is not only invalid under civil law but also a criminal offense. This article for Amsterdam residents explains what bigamy entails, the legal consequences, and the steps to take at the Amsterdam District Court or Municipality of Amsterdam.
What does bigamy mean for Amsterdam residents?
Bigamy, meaning 'two marriages,' occurs when a new marriage ceremony takes place without the prior marriage having been dissolved by divorce, death, or annulment. In Amsterdam, with its diverse population, you may only be married to one partner at a time. A bigamous marriage violates this principle of monogamy.
Difference from polygamy: bigamy is secretive and illegal, whereas polygamy involves multiple open marriages in certain cultures, which is never accepted in the Netherlands.
Legal basis for bigamy
The rules on bigamy are set out in the Civil Code Book 1 (BW) and the Penal Code (Sr):
- Art. 1:31(1) BW: Bigamy is an absolute impediment; a marriage cannot proceed if one party is already married.
- Art. 1:39 BW: A bigamous marriage is void by operation of law and never existed.
- Art. 237 Sr: Punishable by up to two years' imprisonment or a fine.
In Amsterdam, the civil registry officer at the Municipality of Amsterdam checks marital history via the Basic Registration of Persons (BRP). Discovery of bigamy results in refusal of the marriage.
Examples of bigamy in Amsterdam
Take Ahmed, married to Fatima in Amsterdam, who marries Aisha in Morocco without divorcing. The marriage to Aisha is a null bigamous marriage; Ahmed may face criminal prosecution at the Amsterdam District Court.
Or Maria from Amsterdam remarries, but the divorce registration is delayed. The new marriage remains null until the administration is corrected.
Bigamy often arises among Amsterdam residents with a migration background who fail to report foreign marriages, or in cases of partner deception.
Consequences of bigamy for Amsterdam residents
A bigamous marriage carries serious civil and criminal risks:
- Nullity: The marriage does not count; children remain legitimate (Art. 1:40 BW).
- No matrimonial property regime: No community of property applies.
- Criminal liability: Prosecution possible; the aggrieved partner may claim damages as a civil party.
- Inheritance law: No inheritance rights for the bigamous partner.
Overview in table form:
| Valid marriage | Bigamous marriage | |
|---|---|---|
| Legal status | Valid and binding | Void by operation of law |
| Children | Legitimate | Legitimate |
| Criminal offense | No | Yes (Art. 237 Sr) |
| Matrimonial property regime | Yes | No |
Link to annulment
This article ties into Annulment of marriage. In cases of bigamy, no court intervention is required; nullity is automatic.
Rights and obligations in cases of bigamy in Amsterdam
- The bigamist: Dissolve the prior marriage first. If discovered: face penalties and claims at the Amsterdam District Court.
- The second partner: Have nullity established and claim damages for fraud; no maintenance obligation.
- The first partner: Retains all rights and may intervene via divorce.
- Children: Full rights to maintenance, inheritance, and surname remain intact.
Frequently asked questions about bigamy in Amsterdam
Is a bigamous marriage from abroad valid in Amsterdam?
No, the Netherlands does not recognize them, even if celebrated abroad (Art. 27 Conflict of Laws Act on Marriage). Check the BRP at the Municipality of Amsterdam.
What if bigamy is unintentional due to an error in Amsterdam?
For relative impediments, the Amsterdam District Court may lift nullity. Prove lack of knowledge and rectify promptly.
Can I claim damages from a bigamist in Amsterdam?
Yes, as a civil party or via civil proceedings (Art. 6:162 BW) for emotional or financial harm.
Are children from bigamy legitimate in Amsterdam?
Yes, Art. 1:40 BW safeguards their status.
Tips for Amsterdam residents
Prevent issues:
- Check your status in the BRP at the Municipality of Amsterdam before marrying.
- Request a marital status extract from the municipality.
- For foreign marriages: legalize documents and verify via international private law.
- Discovered bigamy? Report to Amsterdam police and contact the Amsterdam Legal Aid Office for advice.
Recommendation: Contact the Amsterdam Legal Aid Office for free assistance or a family law attorney for annulment, criminal cases, or claims. Related articles follow.