Laulības ārzemēs: atzīšana, reģistrācija un īpašuma tiesības

A marriage you conclude abroad is recognised in the Netherlands if it is valid under the law of the country where the ceremony took place (Article 10:31 of the Dutch Civil Code, BW). The exception: under Article 10:32 BW, recognition is refused where it would be manifestly incompatible with Dutch public policy (openbare orde), for example a marriage involving a minor, a forced marriage, or a marriage concluded while one of you was already married.

That starting point is generous: you do not have to meet the Dutch requirements for entering into a marriage, because the law of the place of celebration governs how the marriage is formed.

Kādi dokumenti nepieciešami, lai apprecētos ārzemēs?

Documents that show you are free to marry. Local authorities usually ask for a certificate of no impediment, a recent extract from the Dutch Personal Records Database (BRP), a birth certificate and a valid passport. Many countries require these documents to carry an apostille or be legalised, and to be translated by a sworn translator.

Build in more time than seems necessary. Documents have a limited validity for this purpose, legalisation runs through several offices in sequence, and a certificate that arrives a week late cannot be repaired locally.

Kā Nīderlandē reģistrēt laulību, kas noslēgta ārzemēs?

Hand in the foreign marriage certificate at your municipality after your return, usually with an apostille or legalisation and a sworn translation. The municipality processes it in the BRP, after which your marital status is correct for tax, pensions, inheritance and the position of any children.

You can also have the certificate entered in the civil register (register van de burgerlijke stand) of The Hague. That is useful if you will later need a Dutch extract of the marriage, for instance for a notary or a foreign authority.

Kuri tiesību akti regulē jūsu laulāto mantu?

A separate question from the validity of the marriage, and the one with the largest financial consequences. For marriages concluded on or after 29 January 2019, EU Regulation 2016/1103 decides; for marriages concluded from 1 September 1992 until then, mainly the 1978 Hague Matrimonial Property Convention applies, and older Dutch rules for marriages before that. Without a choice of law, the Regulation points to the couple’s first common habitual residence after the marriage, failing that their common nationality, and failing that the country with which they are most closely connected.

So a Dutch couple who marry in Spain and then live in the Netherlands will generally fall under Dutch matrimonial property law, while a couple who settle abroad may not, and may discover only years later that a different regime applied to everything they built up. You can choose the applicable law yourselves, and prenuptial conditions (huwelijkse voorwaarden) before a Dutch civil-law notary can record that choice and the regime.

Ko darīt, ja jūsu laulātais nav holandietis?

A spouse who is not an EU, EEA or Swiss national generally needs a residence permit from the Immigration and Naturalisation Service (IND) to live with you in the Netherlands. You apply as the sponsor, and the IND applies an income requirement and, in most cases, a civic integration requirement abroad. The marriage itself does not create a right of residence.

What should you check before and after the ceremony?

• Which documents does the foreign authority require, and how old may they be?
• Do the documents need an apostille or legalisation, and a sworn translation?
• Where will you live after the marriage, and which matrimonial property law follows from that?
• Do you want prenuptial conditions or a choice of law before a Dutch notary?
• Have you handed in the foreign marriage certificate at your municipality after your return?
• If your spouse is not an EU, EEA or Swiss national, have you prepared the IND application?

What can we do for you when you marry abroad?

mūsu ģimenes juristi advise couples with an international background. We can:

• Check whether your foreign marriage will be recognised under Articles 10:31 and 10:32 BW.
• Determine which matrimonial property law applies to your marriage.
• Prepare a choice of law and prenuptial conditions with a civil-law notary.
• Prepare and file the partner residence permit application with the IND.

Kopsavilkums

• A marriage concluded abroad is recognised in the Netherlands if it is valid under local law, unless recognition is manifestly incompatible with Dutch public policy.
• Collect your documents well in advance and check apostille, legalisation and translation requirements.
• Register the marriage with your municipality after your return; consider registration in The Hague if you need a Dutch extract later.
• Matrimonial property law is decided separately and, for marriages since 29 January 2019, follows EU Regulation 2016/1103.
• A spouse from outside the EU, EEA or Switzerland usually needs an IND residence permit.

Biežāk uzdotie jautājumi