A marriage can be declared null in Rijswijk under specific circumstances. This means that the marriage legally never existed.
What does declaration of nullity entail?
A declaration of nullity renders a marriage invalid retroactively. This is different from divorce, where the marriage did exist but is terminated.
Reasons for declaration of nullity
| Reason | Explanation |
|---|---|
| Bigamy | One of the partners was already married |
| Prohibited relationship | Too close family relationship |
| Age limit | One partner was too young |
| Lack of free will | Coercion, deception or threat |
| No consent | Marriage without required approval under guardianship |
| Sham marriage | Marriage solely for residence rights |
How does the procedure work?
A declaration of nullity can only be requested through the court:
- Submission of a request to the District Court of The Hague
- The judge examines the situation
- If approved, the marriage is declared null
- Children retain their legal status
Who can submit a request?
- The partners themselves
- The Public Prosecution Service (for example, in cases of bigamy)
- In some cases, other involved parties
What are the consequences?
- The marriage is deemed never to have existed
- No claim to alimony
- Children remain legally recognised
- Division of assets without matrimonial property regime
Frequently asked questions about declaration of nullity
Does declaration of nullity differ from divorce?
Yes, declaration of nullity treats the marriage as never having existed, whereas divorce terminates an existing marriage.
What does this mean for our children?
Children from a null marriage retain their legal rights and status.
Is there a time limit for a request?
This varies by situation. In cases of defects of will, often within a few years; in bigamy, no limit applies.
Contact and support in Rijswijk
For legal advice on declaration of nullity, you can contact the Juridisch Loket Rijswijk. Procedures are handled by the District Court of The Hague.