A marriage can be declared null in Westland under specific conditions. This means that the marriage is considered legally never to have existed.
What Does Declaration of Nullity Mean?
Declaration of nullity means that a marriage is declared invalid with retroactive effect. Unlike divorce, where the marriage did exist, with declaration of nullity it is assumed that the marriage never existed.
Reasons for Declaration of Nullity
| Reason | Explanation |
|---|---|
| Bigamy | One of the partners was already married |
| Prohibited Kinship | Marriage within too close family ties |
| Age Limit | One partner was below the minimum age |
| Lack of Consent | Marriage under duress or deception |
| Consent of Guardian | No approval in case of guardianship |
| Sham Marriage | Marriage solely for legal benefits |
How Does the Procedure Work?
For declaration of nullity, you must go to the court, such as the District Court of The Hague, which serves the district of Westland:
- Filing a request with the court
- Assessment of the reason by the judge
- If approved: marriage is declared null
- Children retain their legal status
Who Can File a Request?
- The partners themselves
- The Public Prosecution Service (e.g., in case of bigamy)
- In some cases, other involved parties
What Are the Consequences?
- The marriage is legally considered non-existent
- No claim to alimony
- Children remain legally recognised
- Asset division without matrimonial property regime
Frequently Asked Questions about Declaration of Nullity in Westland
Does declaration of nullity differ from divorce?
No, with declaration of nullity the marriage is considered never to have existed, whereas divorce terminates an existing marriage.
What happens to children after declaration of nullity?
Children from a null marriage retain their legal status and rights.
Is there a deadline for applying for declaration of nullity?
This depends on the situation. In cases of duress, there is often a limited period, in bigamy usually not.
Contact and Assistance in Westland
For legal advice, you can go to the Juridisch Loket Westland. For the procedure, you can contact the District Court of The Hague.