Marriage in the Netherlands
Couples of the Netherlands have several options when it comes to strengthening their union.
The Netherlands was the first nation to legalize gay marriage in April 2001. In that same year, there were 14,813 registered same-sex marriages. Gay couples are afforded nearly the same rights of those of heterosexual couples, except when it involves children or the act of adoption. Homosexuals can also enter into registered partnerships and cohabitation agreements.
According to data from Statistics Netherlands (CBS) in 2011, the average age of men when entering their first marriage was 37, while the average age for women entering their first marriage was 34. This is an increase of 3 years for each gender since 2000. The reasoning behind the longer wait to get married is the increase in registered partnerships and cohabitation agreements, which can be a stepping-stone to marriage. In addition, the number of people getting married in general has declined 19% in the Netherlands since 2000.
The success of marriages in the Netherlands has been under scrutiny since gay marriage was legalized. Comparing the crude marriage rate (4.4 per 1,000) with the crude divorce rate (1.9 per 1,000) creates a strikingly high divorce-marriage ratio of 43% (United Nations Statistical Division, 2011). This number is flawed, though, that in the fact it compares the number of marriages and divorces to the total population, instead of comparing it to the population of people eligible for marriage and excluding those not illegible, such as children.
If a couple does choose to dissolve their marriage, there are three separate way to do so.
There are also steps to dissolving other agreements.
- Marriage
Marriage in the Netherlands is very similar to that of marriage in the United States. It is a legally binding contract between two people overseen by the Registrar of Birth, Deaths, Marriages, and Registered Partnerships. To be eligible for marriage, you must be at least 18 years old, registered in the local municipality (or your partner is registered), not already be legally married, and not intending to marry a blood relative. A typical marriage ceremony consists of two parts: the civil ceremony and then the option of a religious ceremony or blessing. It is illegal to have the religious ceremony before the civil ceremony. Dutch laws states that once two people enter into a marriage, all their property becomes communal under the general community property regime (Antokolskaia, M., & Boele-Woelki, K, 2002). This includes debts accrued before the marriage. - Registered Partnership
Couples who do not wish to marry may enter into a registered partnership. This must be registered at the municipal population affairs office, just like a marriage. A registered partnership is legally almost identical to that of a marriage with the largest difference being the custody of children born during the partnership. When married, the man automatically becomes the legal father of the child born from the woman. In a registered partnership, the man must officially acknowledge each separate child when born to lawfully be considered the father (Frew, H.)
- Cohabitation Agreement
The last option is a cohabitation agreement. It is written agreement between the two individuals in question that pertain to matters of living communally. A government official typically notarizes it. The custody of children born into a cohabitation agreement is dealt with in the same way as it would be in a registered partnership.
The Netherlands was the first nation to legalize gay marriage in April 2001. In that same year, there were 14,813 registered same-sex marriages. Gay couples are afforded nearly the same rights of those of heterosexual couples, except when it involves children or the act of adoption. Homosexuals can also enter into registered partnerships and cohabitation agreements.
According to data from Statistics Netherlands (CBS) in 2011, the average age of men when entering their first marriage was 37, while the average age for women entering their first marriage was 34. This is an increase of 3 years for each gender since 2000. The reasoning behind the longer wait to get married is the increase in registered partnerships and cohabitation agreements, which can be a stepping-stone to marriage. In addition, the number of people getting married in general has declined 19% in the Netherlands since 2000.
The success of marriages in the Netherlands has been under scrutiny since gay marriage was legalized. Comparing the crude marriage rate (4.4 per 1,000) with the crude divorce rate (1.9 per 1,000) creates a strikingly high divorce-marriage ratio of 43% (United Nations Statistical Division, 2011). This number is flawed, though, that in the fact it compares the number of marriages and divorces to the total population, instead of comparing it to the population of people eligible for marriage and excluding those not illegible, such as children.
If a couple does choose to dissolve their marriage, there are three separate way to do so.
- Divorce
A petition to dissolve a marriage may be made by one partner (unilateral) or by both partners (joint). In the Netherlands, there is only one ground for divorce: “irreparable breakdown of the marriage” (Frew, H.) This means that the couple feels that continuing to be together and live together is not bearable and there is no chance of the marriage returning to a fulfilling relationship. If the other spouse denies a unilateral petition, the petitioning spouse must prove the breakdown of the marriage to the court in order for the divorce to proceed.
As per the general community property regime, the communal assets are divided and each spouse is entitled to half unless they make other arrangements in a divorce agreement (prenuptial agreement) or in court. Parents retain joint custody of all children produced during the marriage in most divorces. Special cases can be made so that one parent has sole custody, but the other parent must have access to the child.
- Legal Separation
Legal Separation is defined by Dutch law as a means of ceasing to live together without dissolving the marriage. This is typically used by couples who wish to separate, but remain married for religious reasons. The sole ground for legal separation is the same as that for marriage. It offers a possibility of reconciliation, but can also be a step on the way to divorce.
- Annulment
An annulment is the act of declaring a marriage invalid. This can only be granted by a court ruling under strict rules after receiving an annulment petition. Grounds for annulment include, but are not limited to: duress, mental disorder of one of the spouses, too few witnesses, or lack of competence of the registrar.
There are also steps to dissolving other agreements.
- ·Termination of Registered Partnership
One or both partners may petition to end a registered partnership. If there are no children involved, this can take place out of court with both partners drawing up an agreement and having it notarized. If there are children, it proceeds much the same way as a divorce would.