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Family Law in Netherlands

Family Law in Netherlands

Updated on Tuesday 15th March 2016

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The main regulations regarding the Family law in Netherlands are stated in the Dutch Civil Law, in the Book 1-Law of Persons and Family Law.
 
The main provision of the 1st Book of the Civil Code is that each individual staying in the Netherlands is enjoying full civil rights while on Dutch territory and it is protected by this law. The Book of Family law is divided into various titles such as General Provisions; Right to a name; Domicile, Civil Status, Marriage, Registered partnership, Rights and duties of spouses ,Marital community of property, Nuptial agreements, Dissolution of a marriage, Legal separation and dissolution of a marriage after a legal separation, Consanguinity ,Adoption, Infancy (minority of age), Authority over minor children, Right of contact with the child and the provision of information, Guardianship of adults, Maintenance, Absence, missing persons and the determination of death, Fiduciary administration for adults and Protective mentorship.
 
The Registers. The civil status of an individual located in Netherlands is stated in the Registrars of Civil Status. Each municipality in Netherlands has a Register of Births, Register of Death, Marriage Register and Register of Registered Partnerships. The public has access to the Registry according to a program established by the College of Mayor and Aldermen.
 
The birth certificate is issued when a child is born on Dutch territory. Each child must be registered in the municipality where it was born except for the cases where the place of birth is unknown and the child is registered in the municipality where it was found.
 
A death certificate is issued in the moment an individual is declared dead and the municipality where the unfortunate event happened must register it.
 
A life certificate is usually issued in order to prove the residency in Netherlands and has a validity term of six months from the date of issuing.
 
Any person interested in receiving a certificate from the registrar can request it only after delivering certain specifically requested documents. The persons in charge with releasing these certificates cannot be shown as party or interested person. The Registrar may refuse to issue the certificate in certain cases, mostly when it considers that its issuing may cause a break of the Dutch public order.
 
If the certificate is damaged or lost it can be replaced as the Registrar is keeping a true copy or an original double. In case a certificate is replaced an announcement regarding this action must be made in the Dutch Government Gazette.
 
Marriage. Marriage in Netherlands is allowed between two individuals of different gender or the same gender with the condition of having the minimum age of eighteen. Exceptions are granted for instance in case the woman is carrying a child or already gave birth to a baby before the age of 18.
 
There are various reasons why a marriage can be annulled and this annulment can be requested by any of the spouse, by the relatives of the spouse or by third parties but only in exceptional cases. The reasons may be the age of the spouse, the lack of a third party to approve the marriage (where applicable), an authorized Registrar of the marriage, the shortage of witnesses or on the grounds of mistake or threat.
 
The Family Law in Netherlands also stipulates various rights and duties of the spouse such as the duty to care for their children and their raise or the duty to provide support. The household expenses are usually carried by both parties unless special requirements are stated in the agreement between the two.
 
During the marriage or before starting one, the Dutch spouses can conclude nuptial agreements stating various regulations which can take place during the marriage or in case of divorce or separation. These are the so called prenuptial or postnuptial agreements.
 
A marriage is ending when one of the spouses dies, if one of the spouse is missing and it is finally declared dead, by divorce or by dissolution after a separation.
A legal separation is a way of ending a marriage and take place after registering it in the Dutch Marital Property Register.
 
An alternative to the marriage is the registered partnership, which can be registered in similar conditions as the marriage but cannot take place between already married individuals. The persons involved in registered partnership can have the same gender or opposite genders. The registration of it is also performed in the Registrar of Civil Status. The dissolution of a registered partnership is made with the consent of the parties or when one of the party is dead or if a dissolution request is made by one of the partners or both.
 
The adoption process is also regulated by the Dutch Family Law and it is a common decision of two parties involved in a marriage who register this decision at the District Court. In certain cases, the adoption can be requested by a single party and can be approved by the Dutch District Court.
 
The adult guardianship in Netherlands can be requested by a party who decides to look after an individual with a mental disorder or an individual who is abusing alcohol and due to it have caused several civil damages or for individuals who perform reckless spending.
 

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