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As of 1 April 2001, two women or two men can get married. At that
time, the ‘Act Opening the Institute of Marriage’ will have taken
effect. With this, the Netherlands is the first country to open the institute of
civil marriage to same-sex couples. The conditions for marriage and the
consequences of this marriage are the same as for a marriage between a man and a
woman. Only if it is about recognition outside the Netherlands and the
relationship to children are there significant differences. Non-Dutch partners
who both live abroad cannot get married in the Netherlands.
Equal treatment
The registered
partnership was introduced in 1998. Since then, same-sex couples can
already regulate their relationship legally in a way that is in most
respects equivalent to a marriage. And yet it was decided to open
the institute of marriage to two women or two men. The basic tenet
of equal treatment was decisive in this. For many people, marriage
simply holds special value and carries a certain symbolism. People
may wish to confirm a relationship in precisely this manner. And
there is no reason to exclude same-sex couples from this.
The same conditions and
rules
The conditions
that apply for marriage are the same as for a marriage between a man
and a woman. For instance, the partners must in principle be of the
age of majority and may not be related. The rules to prevent sham
marriages also apply. For divorce and the consequences of a divorce,
there are also no longer any differences between same-sex and
different-sex couples.
Church weddings
In the Netherlands,
a civil marriage is separate from a church wedding. A church wedding
cannot take place until the civil marriage has been concluded.
Religious bodies may decide themselves whether they wish to
solemnise or celebrate a marriage between two men or two
women.
Different nationality or
place of residence
Non-Dutch
partners who both live abroad cannot get married in the Netherlands.
If at least one of them lives in the Netherlands or has the Dutch
nationality, then this is possible. This restriction in the event of
international marriages applies both to marriages of same-sex and of
different-sex couples. The fact that a marriage in which a foreigner
is involved can be concluded in the Netherlands does not mean that
this marriage will be recognised in other countries (see below:
‘recognition abroad’)
Consequences
Two men or two women
who are married have the same rights and obligations as do man and
wife within the institute of marriage. Examples are the obligation
to support one another, the matrimonial property regime (community
of property or antenuptial agreement) and inheritance law.
In the relationship to
children, however, there is an important difference. If a child is
born in a marriage between a man and a woman, then according to the
law, the spouses are the parents of the child. If two men or two
women are married, the marriage has no consequences for their
relationship to children. The parent is the sole person to exercise
parental responsibility. In such a situation, the non-parent only
has an obligation to support the child. Other rights and obligations
exclusively exist after the partners obtain shared responsibility.
Only through adoption do lawful family ties come about with a child.
Marriage and registered partnership
A registered partnership can be converted into a
marriage and vice versa. The registrar of births, deaths and
marriages must draw up a deed of conversion for this purpose. In
principle, a conversion has no consequences for the existing
situation. For instance, the conversion changes nothing about the
responsibility for a child.
Recognition abroad
As mentioned,
the Netherlands is the only country that has opened the institute of
marriage to same-sex couples. There are, however, countries in
Europe that offer the registered partnership. This means that
same-sex couples must take into account the fact that their marriage
is not accepted everywhere. In particular in the event of a longer
stay or in the event of emigration, legal problems may occur in
important areas, such as the law of inheritance. It is important to
obtain expert legal advice on this in plenty of time, either in the
Netherlands or in the country of destination. In the Netherlands
Antilles or Aruba, a marriage concluded in the Netherlands between
two women or two men qualifies for recognition. But it is not
possible to conclude such a marriage there.
Public information
The Ministry of
Justice has published three brochures for the public about these
changes in family law. Persons with questions about the adoption of
a child in the Netherlands and about subjects that are related to
this can apply for the brochures via the Postbus 51 InfoLine: on
working days from 9.00 am to 9.00 pm on 0800 - 8051 (free of charge)
or via the Internet: www.postbus51.nl. The Department for Public
Relations of the Ministry of Justice can also provide further
information: by telephone on working days, from 9.00 am to 5.00 pm
on 070 – 3706850. | 
