Marriage
Who can marry in the Netherlands?
You can marry in the Netherlands when one of both partners:
- has Dutch nationality;
- has legal residence in the Netherlands.
A man and a woman are getting married in a town hall.
Other conditions for marrying in the Netherlands
- Both partners have to be unmarried or divorced (when a marriage has legally ended).
- The partners cannot be close relatives (for example: brothers and sisters cannot marry).
- Both partners must be 18 or older.
When one of the partners does not reside in the Netherlands, or does not have a valid residence permit, there are additional requirements.
Same-sex marriage
Same-sex marriage has been legal in the Netherlands since 2001.
If one of the partners has the nationality of a country that recognises same-sex marriage, the law of that country applies. In this case, the law of the country of the other person does not apply. For example: a man from Uganda, where same-sex marriage is forbidden by law, can marry a Dutch man or a man from another country that recognises same-sex marriage. Ugandan law does not apply in this case.
If you want more information about same-sex marriage, contact a lawyer. You can phone Switchboard to find a lawyer who has experience in these matters.
2 men getting married in a town hall
Free choice
In the Netherlands, everyone is free to decide who they want to marry. Forced marriage is forbidden by law.
A person who forces somebody else to marry against their will can be punished with a prison sentence of up to 2 years, even if the coercion took place abroad. Even if the marriage does not actually take place, the coercion can still be punished. The coercion can be physical or psychological (threats or emotional pressure). The limitation period for forced marriage is 6 years, and starts when the victim is 18 years. The means a victim can report it to the police up to the age of 24 years.
An arranged marriage is when parents or other family members choose a partner for their child. When both spouses-to-be fully agree to the marriage, and are at least 18 years of age, this is a legal marriage.
Registered partnership
Another legal form in which partners can be together is a registered partnership (wettelijk samenwonen). A registered partnership is almost the same as a marriage, and like marriage is also possible for same-sex couples. There are two differences between marriage and registered partnership: only when entering into marriage it is compulsory to take marriage vows (“I will”/ “I do”), and a registered partnership can be ended out of court when there are no underage children.
Cohabitation contract
In addition to marriage and registered partnership, you can also enter into a cohabitation contract if you live together. You can have the cohabitation contract drawn up by a notary (notaris).You can also choose not to formally lay down your relationship in a contract. A notarial cohabitation contract is compulsory if, for example, you want to receive a surviving partner’s pension. The costs of a cohabitation contract differ between notaries.