Bigamy Grounds for Nullity of Marriage in Leiden
Bigamy grounds are a crucial reason to have a marriage declared null by the District Court of Leiden. For Leiden residents, this means a marriage can be invalid if one partner was already in an existing marriage when it was entered into. In this article for residents of Leiden, we explain what bigamy is, the rules under the Civil Code, practical examples, and steps to address it through local institutions such as the Municipality of Leiden and the Juridisch Loket Leiden.
Why Bigamy Serves as Grounds for Nullity in Leiden?
Monogamy is a core principle of Dutch family law, including for marriages in Leiden. A new marriage is impossible if one partner is still bound by a prior marriage. Bigamy grounds, as defined in the Civil Code (DCC), render the marriage null from day one, as if it never existed. This affects assets, children, and maintenance claims, with proceedings at the District Court of Leiden.
Legal Basis for Bigamy Grounds
The bigamy grounds are regulated in Civil Code Book 1, Article 1:30(1)(a). A marriage is null if:
- One partner was already married when entering into the marriage, or
- One partner had an ongoing registered partnership with someone else.
Bigamy is punishable under Article 176 of the Criminal Code, with a maximum of 4 years' imprisonment. In civil proceedings, the Civil Code governs nullity, which must be pronounced by the family judge of the District Court of Leiden (Art. 1:31 DCC).
Difference Between Absolute and Relative Nullity
Bigamy involves absolute nullity (Art. 1:30 DCC): anyone, including third parties, can have the marriage declared invalid. Unlike relative nullity, such as sham marriages.
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can challenge it? | Anyone, including third parties | Only parties involved |
| Time limit | No statute of limitations | 3 years from awareness |
| Consequences | Marriage never existed | Limited to parties |
Practical Examples of Bigamy in Leiden
Example: Ahmed marries Fatima in 2020 at the Municipality of Leiden, while his first marriage in Morocco is still ongoing. Fatima learns of this in 2023 and files a request with the District Court of Leiden. The marriage is declared null on bigamy grounds. Ahmed's first marriage remains intact; Fatima loses property rights from the second.
Or: A Leiden resident with an ongoing partnership marries without dissolution. This also falls under bigamy grounds. This often occurs with expats in Leiden whose foreign marriages have not been properly registered in the Personal Records Database (BRP) of the Municipality of Leiden.
Rights and Obligations in Cases of Bigamy in Leiden
Rights of the aggrieved partner:
- Apply for nullity at the District Court of Leiden.
- Claim damages via tort (Art. 6:162 DCC).
- Children remain protected; parenthood stands (Art. 1:207 DCC).
Obligations:
- Report prior marriage to the civil registry of the Municipality of Leiden (Art. 1:44 DCC).
- Check BRP extract via the Municipality of Leiden.
The bigamous partner risks criminal prosecution and civil proceedings.
Procedure for Nullity on Bigamy Grounds at the District Court of Leiden
1. Gather evidence: marriage certificates and BRP records from the Municipality of Leiden.
2. Serve summons via lawyer at the District Court of Leiden.
3. Hearing before the family judge.
4. Judgment: null from the date of celebration.
5. Notification of registers.
Costs: approximately €1,500-€3,000 for court fees and lawyer. Low-income individuals can seek free advice at the Juridisch Loket Leiden or apply for subsidized legal aid via the Council for Legal Aid.
Frequently Asked Questions on Bigamy Grounds in Leiden
Is a bigamous marriage immediately null?
No, a judicial declaration by the District Court of Leiden is required (Art. 1:31 DCC). Otherwise, it remains administratively valid.
Maintenance after nullity?
It lapses from the null marriage, but may be possible via tort. Child maintenance remains.
Prior foreign marriage?
District Court of Leiden verifies via international sources; apostille required. See also nullity of marriage for details.
Does a bigamy claim expire?
No, absolute nullity has no statute of limitations.
Tips for Leiden Residents
- Check BRP at the Municipality of Leiden and apply for a 'certificate of no impediment to marriage'.
- Consult the Juridisch Loket Leiden if bigamy is suspected for free assistance.
- For foreign marriages: follow the Ministry of Justice protocol.
- Keep all documents; essential for the District Court of Leiden.