What do I need to take into account if I decide to marry or form a civil partnership?

Requirements for marrying or forming a civil partnership

If you wish to marry or form a civil partnership you will need to comply with the following requirements:

• You and your partner must be 18 years or older. You and your partner must not be married to or be in a civil partnership with anyone else.
• Are you under guardianship? You will need the permission of the guardian or the limited jurisdiction judge.
• The following family members are forbidden to marry each other or enter into a civil partnership with each other: biological parents and children, grandparents and grandchildren, and brothers and sisters.

Dispensation to marry

If a couple does not meet the requirements for marrying or forming a civil partnership, the Ministerie van Justitie en Veiligheid – Justis (Ministry of Justice and Security) can grant a dispensation in certain cases. For example, if the people who wish to marry are an adopted brother and sister. This is formally known as huwelijksdispensatie (dispensation to marry).

Role of the municipality in marriage or civil partnership

If you wish to marry or form a civil partnership, you must contact the municipality you want to marry in or form the civil partnership and complete the following steps.

• Inform the municipality at least 2 weeks before the planned date that you wish to marry or form a civil partnership. It is possible to register an intended marriage or civil partnership online in most municipalities. For more information, see your municipality’s website or contact the ambtenaar van de burgerlijke stand (Registrar of Births, Deaths, Marriages and Civil Partnerships) directly.
• You will need to appoint at least 2 and no more than 4 witnesses. The witnesses must be 18 years or older.

Registering an intended marriage or civil partnership online

It is possible to register an intended marriage or civil partnership online in most municipalities. 

Birth certificate no longer needed

When you register an intended marriage or civil partnership, you may not have to show your birth certificate. Instead you can give your birth details to the Registrar of Births, Deaths, Marriages and Civil Partnerships, who will then look up the information in the Basisregistratie Personen – BRP (Personal Records Database). If that is not possible, the Registrar may ask you for your birth certificate after all. If the details cannot be checked in either of these ways, you can make a sworn statement about your birth details.

Religious marriage following a civil marriage

After your marriage or civil partnership ceremony has been conducted by the registrar you may hold a religious ceremony in a church or mosque, if you wish. The religious ceremony may not take place before the civil ceremony.

Difference between marriage and civil partnership

There are 2 differences between marriage and civil partnership:

• Declaration of marriage vows (ja-woord)

  If you marry, you must make a declaration of marriage vows. This is not required for civil partnerships.

• Terminating the marriage or civil partnership

  A civil partnership can be ended without the involvement of the courts if you have no children under 18. A marriage can only be dissolved by a court. Additionally, legal separation is only possible if you are married, not if you are in a civil partnership.

Rights and obligations within marriage or civil partnership

Being married or in a civil partnership entails certain rights and obligations. These include maintenance and rights of inheritance. For more information, see What are my rights and obligations within marriage and civil partnership?

General community of property or a marriage contract

You can marry or enter into a civil partnership in general community of property or under a marriage contract or partnership agreement. For more information, see ‘What kind of property arrangements are possible in marriage and civil partnerships?’

Marriage in the absence of one of the partners

If it is impossible for you or your partner to appear before the registrar, the Ministry of Justice and Security may grant a dispensation for marriage by proxy, for example if one of the partners is seriously ill.

Converting a civil partnership into a marriage

If you have a civil partnership and want to marry your civil partner, you can have your civil partnership converted into a marriage in the municipality. It is not possible to convert a marriage into a civil partnership.

Parenthood in marriage and civil partnership

A child born of a marriage or civil partnership will automatically have both partners registered as their parents, even if the man is not the biological father. This family-law relationship ensures that children inherit from their parents and confers parental responsibility for the child on the parents.

Recognition of same-sex marriage and civil partnerships outside the Netherlands

Marriage between a man and a woman is accepted all over the world. However, same-sex marriage and civil partnerships are not universally accepted. This can result in legal problems in the event of a longer stay abroad or emigration, for example where rights of inheritance are concerned.

Living abroad and marrying in the Netherlands

If you are a Dutch citizen living outside the Netherlands and wish to marry or enter into a civil partnership in the Netherlands you will need to register your marriage or partnership at the municipality of Den Haag (The Hague). This department will then draw up your marriage certificate or certificate of civil partnership.