Bigamy Grounds for Annulment of Marriage in Westland
Bigamy grounds are a crucial reason to have a marriage declared null and void in the Netherlands, including for residents of Westland. A marriage is invalid if one partner already had an existing marriage at the time of entering into it. In this article for Westlanders, we explain what bigamy means, the legal framework, practical examples, and steps at the Westland District Court.
Why Bigamy is a Ground for Annulment in Westland?
Monogamy is a core principle in Dutch family law, including in Westland. A subsequent marriage is impossible as long as a prior marriage is still in effect. Bigamy grounds, as provided in the Civil Code (BW), render the marriage null from the outset, as if it never existed. This affects assets, children, and maintenance claims, which is relevant for many Westland families with international ties.
Legal Basis of Bigamy Grounds
The rules on bigamy grounds are found in 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 (max. 4 years imprisonment). In civil proceedings, the Civil Code governs annulment, which must be pronounced by the family division of the Westland District Court (Art. 1:31 BW).
Difference Between Absolute and Relative Nullity
Bigamy results in absolute nullity (Art. 1:30 BW): anyone, including third parties, can have the marriage declared invalid. This differs from relative nullity, such as sham marriages.
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can challenge? | Anyone, incl. third parties | Only parties involved |
| Time Limit | No statute of limitations | 3 years after discovery |
| Consequences | Marriage never valid | Limited to parties |
Practical Examples of Bigamy in Westland
Example: A greenhouse grower from 's-Gravenzande marries in 2021 in Westland with a partner while still married in Turkey without a divorce. In 2024, the second partner discovers this and initiates proceedings at the Westland District Court. The marriage is declared null on bigamy grounds: the first marriage remains in effect, with no property rights for the second partner.
Or: A resident of Naaldwijk with a registered partnership marries without dissolution. This also falls under bigamy. In Westland, this often occurs with marriages from abroad that are not properly reported to the Municipality of Westland.
Rights and Obligations under Bigamy Grounds
Rights of the aggrieved partner:
- Apply for annulment at the Westland District Court.
- Claim damages via tort (Art. 6:162 BW).
- Children protected: parentage remains (Art. 1:207 BW).
Obligations:
- Report prior marriage to the civil registry (Art. 1:44 BW).
- Check personal records extract from the Municipality of Westland.
The bigamous partner risks criminal prosecution and civil proceedings.
Annulment Procedure at the Westland District Court
1. Gather evidence: marriage certificates, BRP extracts from the Municipality of Westland.
2. Have a lawyer serve a summons at the Westland District Court.
3. Hearing before the family judge.
4. Judgment: null from the date of celebration.
5. Registration in the records.
Costs: approx. €1,500-€3,000 for court fees and lawyer. Low-income individuals can seek help from the Westland Legal Aid Office or the Legal Aid Board.
Frequently Asked Questions about Bigamy Grounds in Westland
Is a bigamous marriage immediately null?
No, a court judgment is required (Art. 1:31 BW). Otherwise, it appears valid.
Alimony after annulment?
It lapses from a null marriage, but a damages claim is possible. Child support remains.
Previous marriage abroad?
Check via international registers; apostille required. See annulment for details.
Does a bigamy claim expire?
No, absolute nullity has no time limit.
Tips for Westlanders
- Check BRP at the Municipality of Westland: request a 'certificate of no impediment to marriage'.
- Consult a family law attorney or the Westland Legal Aid Office if in doubt.
- For foreign marriages: follow the Ministry of Justice protocol.
- Keep documents; essential for the Westland District Court.