Bigamous Marriage in Westland
A bigamous marriage arises when someone in Westland marries while already legally married to another person. In the Netherlands, this constitutes an absolute impediment to marriage, rendering the second marriage automatically void. Bigamy is civilly invalid and criminally punishable. This article informs residents of Westland about bigamy, its legal consequences, and steps to take if involved.
What Does Bigamy Mean for Westland Residents?
Bigamy means "two marriages" and occurs when a new marriage is entered into without the prior one having been dissolved by divorce, death, or annulment. In the Netherlands, including Westland, monogamy is mandatory. A bigamous marriage violates this principle.
Difference from polygamy: bigamy is secretive and illegal, while polygamy may be culturally open but is not accepted in the Netherlands.
Legal Framework for Bigamy
Legislation on bigamy is set out in the Dutch Civil Code Book 1 (DCC) and the Dutch Criminal Code (DCCr):
- Art. 1:31(1) DCC: Bigamy prevents a marriage if one party is already married.
- Art. 1:39 DCC: The bigamous marriage is ipso jure void and never existed.
- Art. 237 DCCr: Punishable by up to two years' imprisonment or a fine.
The civil registrar at the Municipality of Westland verifies marital history via the Personal Records Database (BRP) before the marriage. Discovery results in refusal.
Examples of Bigamy in Westland
Consider Jan, a grower from 's-Gravenzande, married to Lisa, who marries Fatima in Morocco without divorcing. The marriage to Fatima is void, and Jan risks prosecution.
Or Pieta from Naaldwijk, who remarries after a divorce not yet recorded in the BRP. The new marriage is void until corrected.
Bigamy often occurs among migrants in Westland who fail to report foreign marriages, or in cases of relationship fraud.
Consequences of Bigamy for Westland Residents
A bigamous marriage leads to serious civil and criminal effects:
- Voidness: The marriage does not count (art. 1:39 DCC). Children remain legitimate (art. 1:40 DCC).
- No property division: No matrimonial property regime applies.
- Criminal liability: Prosecution possible; the aggrieved partner may claim damages via the Westland District Court.
- Inheritance law: No rights for the bigamous partner.
Overview:
| Valid Marriage | Bigamous Marriage | |
|---|---|---|
| Legal Status | Valid | Ipso jure void |
| Children | Legitimate | Legitimate |
| Criminal Offense | No | Yes (art. 237 DCCr) |
| Property Regime | Yes | No |
Link to Annulment
See also Annulment of Marriage. In cases of bigamy, voidness applies without court intervention.
Rights and Obligations in Bigamy
- The Bigamist: Dissolve the prior marriage first. Upon discovery: criminal penalties and claims.
- The Second Partner: Have voidness declared and claim damages for deception. No maintenance.
- The First Partner: Retains rights; may intervene via the Westland District Court.
- Children: Full rights to maintenance, inheritance, and surname.
Frequently Asked Questions for Westland
Is a bigamous marriage from abroad valid in Westland?
No, the Netherlands does not recognize it (art. 27 Conflict of Laws Act on Marriage). Check the BRP at the Municipality of Westland.
What if bigamy is unintentional due to an error?
For relative impediments, the Westland District Court may lift voidness. Prove lack of knowledge and rectify promptly.
Can I claim damages from a bigamist in Westland?
Yes, as a party in criminal proceedings or civilly under art. 6:162 DCC for emotional or financial harm.
Are children from bigamy legitimate?
Yes, protected by art. 1:40 DCC.
Tips for Westland Residents
Prevent issues:
- Check marital status in the BRP.
- Request an extract from the Municipality of Westland.
- For foreign marriages: legalize and verify under international law.
- If suspected: report to police and visit The Legal Aid Office Westland or a family law attorney.
Recommendation: Contact The Legal Aid Office Westland for free advice. They assist with annulments, criminal cases, or claims. Related articles