Legal requirements for marriage in the Netherlands
The law in the Netherlands imposes various requirements to be allowed to marry and to register the marriage with the appropriate authorities. For example, the minimum age for marriage in the Netherlands is 18 years. However, the juvenile court may waive the age restriction if there are serious grounds for doing so. The consent of the spouses is also required, which means that both partners must voluntarily consent to the marriage.
The law in the Netherlands forbids marriages between relatives or people with close blood relations. In some extraordinary situations, the Minister of Justice can approve this type of marriage.
In the Netherlands bigamy is prohibited, which means it is illegal for someone who is already married to enter another marriage. This prohibition also applies to foreigners who marry in Belgium, even if their national law permits polygamy. In the Netherlands bigamy is considered a criminal offense.
In regards to the marriage registration in the Netherlands between two people with the same of te same gender, the Dutch law states that it is permitted, being considered almost the same as a marriage between a man and a woman. However, there are significant differences in case the couple express the intention of raising children.
Also, foreign citizens interested in getting married in other territories, for example in Los Angeles, should know that they must comply with the legislation available there.
The rights and obligations of the spouses
The marriage registration in the Netherlands implies certain rights and obligations for both spouses. For example the spouses may use each others name and a spouse can not be compelled to testify against the other spouse in a court action. Moreover, the spouses have the responsibility to maintain relative to each other and all the assets and liabilities are in common.
In the Netherlands, for married couples, the spouses represent each others legal heir and can benefit from survivor's pension, which is a benefit that one spouse can get if the other spouse dies.
Types of official relationships in the Netherlands
Two people can arrange an official relationship by marriage registration in the Netherlands, can enter into a registered partnership or draft a cohabitation agreement. Moreover, couples in the Netherlands can live together without capturing their relationship in an official act.
In a marriage or registered partnership, the partners explain their relationship with the registrar of civil status. The partners have a number of rights and obligations to each other. Such as the right to use each others name and the duty to maintain each other.
The cohabitation of two people imply several agreements, for example to share the cost of living and household. The partners can also use the bank accounts in common and can distribute their assets upon termination of the relationship.
Partners can conclude by themselves a civil partnership or this act can be prepared by a notary. However, in some cases, a notarial cohabitation contract is mandatory, for example when a partner wants to benefit from the survivor's pension.
Partners may choose not to register their relationship, but in this case they do not have the right to alimony or inheritance.
Marriage and registered partnership between persons of the same gender
In the Netherlands, two men or two women can marry or enter into a registered partnership. Marriage or registered partnership between persons of the same sex is almost the same as a marriage between a man and a woman, with some significant differences when children are born or adopted. The biological mother will automatically receive a family bond with the child. The non-biological mother can automatically depending on the situation and enter into parenthood. In other cases, they may adopt a child adopt or apply for joint custody. When two man adopt a child, both of them can apply for joint custody.
Marriage or registered partnership between same-genderpartners is not always recognized abroad.
Our lawyers can offer you further support and complete information about marriage registration in the Netherlands. Furthermore, for marriage registration in other territories, for example in Los Angeles, our Dutch lawyers can put you in contact with their partner wedding planner firm in LA. Please contact us for customized advice.
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