Bigamy Grounds for Annulment of Marriage in Tilburg
Bigamy grounds are a crucial reason to have a marriage declared null and void in the Netherlands, including for Tilburg residents. A marriage is invalid if one partner already had an existing marriage when entering into it. This article for people in Tilburg covers bigamy, the relevant laws, regional examples, and steps at the District Court of Zeeland-West-Brabant in Breda.
Why Bigamy is a Ground for Annulment in Tilburg?
Monogamy is a core principle of Dutch family law. In Tilburg, home to many international marriages, a new marriage cannot be valid if one partner is still bound by a previous one. Bigamy grounds, as set out in the Dutch Civil Code (DCC), make the marriage null from the outset. This impacts assets, children, and spousal support—issues especially relevant to the diverse population of the Municipality of Tilburg.
Legal Basis for Bigamy Grounds
The bigamy grounds are found in Dutch Civil Code Book 1, Article 1:30(1)(a). A marriage is null if:
- One partner was already married at the time of the new marriage, or
- One partner had an ongoing registered partnership.
Bigamy is a criminal offense under Article 176 of the Dutch Criminal Code (maximum 4 years' imprisonment). In civil proceedings, the DCC governs annulment, which must be pronounced by the family division of the District Court of Zeeland-West-Brabant in Breda (Article 1:31 DCC).
Absolute versus Relative Nullity
Bigamy results in absolute nullity (Article 1:30 DCC): anyone, including third parties, can challenge it. This differs from relative nullity, such as sham marriages.
| Aspect | Absolute Nullity (Bigamy) | Relative Nullity |
|---|---|---|
| Who can challenge it? | Anyone, including third parties | Only the parties involved |
| Time limit | No statute of limitations | 3 years from discovery |
| Consequences | Marriage never valid | Limited to the parties |
Examples of Bigamy Grounds Around Tilburg
Example: Mohammed from Tilburg marries Aisha in 2021, while his marriage in Turkey has not been dissolved. Aisha discovers this in 2024 via the Personal Records Database (BRP) at the Municipality of Tilburg and files a claim. The District Court of Zeeland-West-Brabant in Breda declares it null on bigamy grounds. Mohammed's first marriage remains valid; Aisha loses property rights.
Or: A Tilburg resident with an ongoing partnership marries without dissolving it. This often occurs in migrant families in neighborhoods like Oud-Zuid. International marriages must be correctly registered in the BRP of the Municipality of Tilburg.
Rights and Obligations in Cases of Bigamy in Tilburg
Rights of the aggrieved partner:
- Apply for annulment at the District Court of Zeeland-West-Brabant.
- Claim damages via unlawful act (Article 6:162 DCC).
- Children protected: parenthood remains intact (Article 1:207 DCC).
Obligations:
- Report any prior marriage to the civil registry (Article 1:44 DCC).
- Check BRP extract at the Municipality of Tilburg.
The bigamous partner risks criminal penalties and civil consequences.
Annulment Procedure for Bigamy Grounds in Tilburg
1. Gather evidence: marriage certificates, BRP from the Municipality of Tilburg.
2. Have a lawyer serve a summons at the District Court of Zeeland-West-Brabant (Breda).
3. Hearing before the family judge.
4. Ruling: null from the date of celebration.
5. Register in official records.
Costs: approximately €1,500–€3,000. Low-income individuals: contact Juridisch Loket Tilburg or the Legal Aid Board.
Frequently Asked Questions About Bigamy Grounds in Tilburg
Is a bigamous marriage automatically null?
No, a court ruling is required (Article 1:31 DCC). Otherwise, it appears valid.
Spousal support after annulment?
Spousal support from the marriage lapses, but may be claimed via unlawful act. Child support remains.
Prior marriage abroad?
Verify via international registers; apostille required. See annulment information.
Does a bigamy claim expire?
No, absolute nullity can always be invoked.
Tips for Tilburg Residents
- Check BRP at the Municipality of Tilburg; request a 'certificate of no impediment to marriage'.
- Call Juridisch Loket Tilburg if bigamy is suspected.
- For foreign marriages: follow Ministry of Justice protocol.
- Keep all documents; essential for proceedings at the District Court of Zeeland-West-Brabant.