Bigamous Marriage in Tilburg

In Tilburg, a bigamous marriage is an invalid marriage where one partner is already legally married to someone else. Under Dutch law, this constitutes an absolute impediment, rendering the marriage automatically void. Bigamy is civilly invalid and criminally punishable. This article explains bigamy, its legal consequences, and steps for Tilburg residents dealing with it.

What is bigamy?

Bigamy means 'two marriages' and occurs when someone enters a new marriage without dissolving the prior one through divorce, death, or annulment. In the Netherlands, including Tilburg, strict monogamy applies: only one valid marriage is allowed at a time. A bigamous marriage violates this principle.

Difference from polygamy: bigamy is secretive and illegal, while polygamy may be culturally overt but is never recognized in the Netherlands.

Legal basis for bigamy

The rules are laid down in Dutch Civil Code Book 1 (BW) and Dutch Penal Code (Sr):

Art. 1:31(1) BW: Bigamy bars the marriage if one party is already married.
Art. 1:39 BW: The bigamous marriage is automatically void and never existed.
Art. 237 Sr: Punishable by up to two years' imprisonment or a fine.

At the Municipality of Tilburg, the civil registrar verifies your status via the Personal Records Database (BRP). Discovery of bigamy results in refusal.

Examples of bigamy in practice

Example: Ahmed, a Tilburg resident, is married to Fatima but marries Aisha in Morocco without divorcing. The marriage to Aisha is void, and Ahmed may face criminal prosecution by the Zeeland-West-Brabant District Court in Breda.

Or: Maria from Tilburg remarries quickly, but the divorce is not yet in the BRP. The new marriage is void until corrected.

In Tilburg, with its multicultural population, bigamy often arises among migrants who fail to report foreign marriages or in cases of partner deception.

Consequences of bigamy

A bigamous marriage in Tilburg has serious civil and criminal effects:

Voidness: No legal marriage. Children remain legitimate (Art. 1:40 BW).
No property division: Matrimonial property regime does not apply.
Criminal liability: Prosecution possible; the aggrieved partner may claim damages.
Inheritance: No rights for the bigamous partner.

Overview:

	Valid marriage	Bigamous marriage
Status	Valid	Automatically void
Children	Legitimate	Legitimate
Criminal	No	Yes (Art. 237 Sr)
Property	Yes	No

Link to annulment

See also Annulment of marriage. Bigamy results in voidness without court intervention.

Rights and obligations

Bigamist: Dissolve the prior marriage first. Risk of criminal charges and claims.
Second partner: Have voidness confirmed and claim damages for deceit. No maintenance.
First partner: Retains rights; may intervene via Zeeland-West-Brabant District Court.
Children: Full rights to support and inheritance.

Frequently asked questions

Is a foreign bigamous marriage valid in Tilburg?

No, the Netherlands does not recognize it (Art. 27 Conflict of Laws Act on Marriage). Check BRP at Municipality of Tilburg.

Bigamy due to error in Tilburg?

For relative impediments, the court may lift voidness. Prove lack of knowledge and correct via Municipality of Tilburg.

Damages in Tilburg?

Yes, in criminal proceedings or civilly (Art. 6:162 BW) for emotional or financial harm.

Are children from bigamy legitimate?

Yes, protected by Art. 1:40 BW.

Tips for Tilburg residents

Avoid issues:

Check marital status in BRP at Municipality of Tilburg.
Request an extract from Municipality of Tilburg.
International: Verify via international private law.
Discovered bigamy? Report to police and contact Legal Aid Office Tilburg for advice.

Contact Legal Aid Office Tilburg for free help with annulment or claims. Related articles

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