Conditions for Marriage in the Netherlands, Specifically for Residents of Rijswijk
In Rijswijk, marriage is an important legal step that binds two people under strict legal rules. These requirements, outlined in the Civil Code, ensure a voluntary, exclusive, and stable union. They protect both the parties involved and the local community from abuses. In this article, we highlight the key conditions, including how you as a Rijswijk resident can comply with them through the Municipality of Rijswijk, so you are prepared for this milestone.
What Are the Conditions and How Do They Work Locally?
The conditions for marriage include the legal requirements for a valid marriage in the Netherlands, with direct relevance for Rijswijk. According to family law in the Civil Code (BW), the marriage must be voluntary, honest, and unique. Both partners must consent freely, have no ongoing marriages, and avoid prohibited family ties. In Rijswijk, the marriage is solemnized by the civil registrar of the Municipality of Rijswijk. Failing to meet these rules can lead to annulment, affecting assets, inheritance, and maintenance obligations.
These rules promote sustainable relationships and protect vulnerable groups, such as young people or those in unequal positions. They apply equally to heterosexual and same-sex marriages, which have been legal in the Netherlands, including Rijswijk, since 2001.
Legal Foundations with Local Application
The marriage conditions are set out in Book 1 of the Civil Code, Title 5 (Marriage). Relevant articles include:
- Article 1:30 BW: Age. Partners must be at least 18 years old. In Rijswijk, you can apply for exceptions from age 16 through the Court of Rijswijk, for example, in cases of pregnancy with compelling reasons.
- Articles 1:31 to 1:38 BW: Impediments such as bigamy, close family ties, or guardianship. The Municipality of Rijswijk enforces this strictly.
- Article 1:39 BW: Free will; no coercion or deception is allowed.
- Article 1:40 BW: Exclusive; no new marriage without dissolving the previous one.
The Civil Registration Act governs the procedure, such as applying for a certificate of capacity to marry at the Municipality of Rijswijk. For international cases, Hague or EU rules apply, but here we focus on the basics for Rijswijk residents. Consult the Legal Aid Office in Rijswijk for personalized advice.
Age and Capacity in Practice
The minimum age is 18 years since 2015, to prevent child marriages—a rule strictly enforced in Rijswijk as elsewhere. Exceptions through the Court of Rijswijk are limited and require evidence of necessity, such as for a pregnant 17-year-old.
Partners must also be legally competent, meaning able to understand the consequences. Those under guardianship, for instance due to limitations, need court approval from the Court of Rijswijk to prevent abuse.
Impediments to Marriage
In Dutch law, including for Rijswijk, impediments block invalid marriages. They are absolute or relative:
| Type | Description | Example | Consequence |
|---|---|---|---|
| Absolute | Existing marriage or bigamy | A Rijswijk resident with an ongoing marriage wants to remarry | Marriage invalid; Municipality of Rijswijk refuses |
| Absolute | Close blood relation | Siblings in Rijswijk | Fully prohibited (art. 1:31 BW) |
| Relative | Affinity | In-laws | Possible with court permission, but rare |
| Absolute | Adoption relationship | Adoptive parent and child | Prohibited, except if adoption is dissolved |
The Municipality of Rijswijk verifies impediments through the certificate of capacity to marry at the registry. If discovered, it leads to rejection; the Legal Aid Office in Rijswijk can assist with checks.
Examples from the Rijswijk Context
Take Anna (19) and Bob (20) from Rijswijk: they meet the requirements, so their marriage at the Municipality of Rijswijk proceeds smoothly. But in cases of bigamy, such as if Bob is still married, wait for the divorce through the Court of Rijswijk.
Or for niece and uncle: a relative impediment (art. 1:35 BW), possibly with permission from the Court of Rijswijk, but often denied due to risks. For expats in Rijswijk: submit proofs of status, translated and legalized, to the municipality.
Rights and Obligations After Meeting the Conditions
Once the requirements are met, spouses gain rights and obligations:
- Equal partnership: Mutual support, respect, and loyalty (art. 1:81 BW).
- Financial: Marriage agreements regulate assets, such as limited community property since 2018 or separation.
- Parental rights: Joint responsibility for children, with a focus on their well-being.
For Rijswijk residents: start with the Municipality of Rijswijk for procedures and the Legal Aid Office for free legal advice.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.