Bigamy Grounds for Annulment of Marriage in Rijswijk
Bigamy grounds are a crucial reason to have a marriage declared null in the Netherlands, including for residents of Rijswijk. A marriage is invalid if one partner already had an existing marriage or partnership at the time of entering into it. In this article for readers from Rijswijk, we explain the rules, with local examples, procedures at the District Court of Rijswijk, and steps via the Rijswijk Legal Aid Office.
Why bigamy is a ground for annulment in Rijswijk?
Monogamy is a core principle in Dutch family law, also in Rijswijk. A subsequent marriage is impossible as long as a previous marriage continues. Bigamy grounds, regulated in the Dutch Civil Code (DCC), render the marriage null from day one. This affects asset division, children, and maintenance claims, with direct consequences for families in Rijswijk.
Legal rules on bigamy grounds
The foundation is in Dutch Civil Code Book 1, Article 1:30(1)(a): a marriage is null if:
- One partner was already married when entering into it, or
- One partner had an ongoing registered partnership.
Bigamy is punishable under Article 176 of the Criminal Code (maximum 4 years' imprisonment). In civil law, the DCC governs nullity, which must be declared by the family division of the District Court of Rijswijk (Art. 1:31 DCC).
Absolute versus relative nullity
Bigamy results in absolute nullity (Art. 1:30 DCC): anyone, even third parties, can challenge it. Unlike relative nullity, such as sham marriages.
| Aspect | Absolute nullity (bigamy) | Relative nullity |
|---|---|---|
| Who can bring proceedings? | Anyone, incl. third parties | Only involved parties |
| Limitation period | None | 3 years after discovery |
| Effects | Marriage never valid | Limited to parties |
Examples of bigamy in Rijswijk
Ahmed marries Fatima in 2020 in the Municipality of Rijswijk, but he is still married to his ex-wife in Turkey. Fatima discovers this in 2023 and files a request with the District Court of Rijswijk. The second marriage is declared null on bigamy grounds: Ahmed's first marriage remains valid, and Fatima loses property rights.
Or: a Rijswijk resident with an ongoing partnership marries without dissolving it. This also qualifies as bigamy, often seen with expats who fail to register foreign marriages in the Rijswijk civil registry.
Rights and obligations in cases of bigamy in Rijswijk
Rights of the aggrieved party:
- Apply for nullity declaration at the District Court of Rijswijk.
- Claim damages via tort (Art. 6:162 DCC).
- Children protected: parenthood remains intact (Art. 1:207 DCC).
Obligations:
- Report prior marriage to the Municipality of Rijswijk (Art. 1:44 DCC).
- Check BRP extract.
The bigamist risks criminal penalties and civil proceedings.
Procedure for annulment at the District Court of Rijswijk
1. Gather evidence: marriage certificates, BRP extract from the Municipality of Rijswijk.
2. Serve summons via lawyer.
3. Hearing before the family judge at the District Court of Rijswijk.
4. Judgment: null from the date of celebration.
5. Registry update.
Costs: €1,500–€3,000. Low-income individuals: subsidized legal aid or start at Rijswijk Legal Aid Office.
FAQs on bigamy in Rijswijk
Is a bigamous marriage immediately null?
No, a court declaration is required (Art. 1:31 DCC). Otherwise, it appears valid.
Maintenance after annulment?
No from a null marriage, but possible via damages claim. Child support always applies.
Prior foreign marriage?
District Court of Rijswijk verifies via international sources; apostille required. See nullity page.
Does a bigamy claim expire?
No, absolute nullity has no time limit.
Tips for Rijswijk residents
- Check BRP at the Municipality of Rijswijk; request a 'certificate of no impediment to marriage'.
- Consult Rijswijk Legal Aid Office if in doubt about bigamy.
- For foreign marriages: follow Justice protocols.
- Keep documents; essential for the District Court of Rijswijk.