A marriage can be declared null in Leiden under specific circumstances. This means that the marriage is legally considered never to have existed.
What does declaration of nullity entail?
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 ties |
| Age limit | One partner was too young to marry |
| Lack of free will | Marriage under duress or deception |
| No consent of guardian | Marriage without required approval |
| Sham marriage | Marriage solely for residence rights |
Steps for declaration of nullity
The process proceeds exclusively through the court:
- File a request with the District Court of The Hague, Leiden location
- The court examines the situation
- If approved, the marriage is declared null
- Children retain their legitimate status
Who may request declaration of nullity?
- The partners themselves
- The Public Prosecution Service (for example, in cases of bigamy)
- In some cases, other involved parties
Consequences of declaration of nullity
- The marriage is deemed never to have existed
- No claim to alimony
- Children remain legally recognized
- Asset division as if there was no marriage
Frequently asked questions about declaration of nullity
Does declaration of nullity differ from divorce?
No, declaration of nullity considers the marriage as non-existent, whereas divorce terminates an existing marriage.
What does this mean for our children?
Children from a null marriage retain their legitimate status and rights.
Is there a deadline for declaration of nullity?
This varies by situation. For defects of will, often within a few years; for bigamy, there is no limit.
Contact and support in Leiden
For legal advice, you can go to the Juridisch Loket Leiden, Stationsweg 46. Procedures are handled by the District Court of The Hague, Leiden location.
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