A marriage you conclude abroad is in principle recognised in the Netherlands if it was validly concluded under the law of the country where the ceremony took place. That is the starting point, and it is a generous one: 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.
The Netherlands refuses recognition only where it would be manifestly contrary to Dutch public policy (openbare orde) under Book 10 of the Dutch Civil Code (Burgerlijk Wetboek) – for example a marriage involving a minor, a forced marriage, or a marriage concluded while one of you was already married to someone else.
What documents do you need to marry abroad?
Local authorities usually ask for documents that show you are free to marry: a certificate of no impediment, a recent extract from the Dutch personal records database (BRP), a birth certificate, and a valid form of identification. Many countries require these documents to be legalised or provided with an apostille, and to be translated by a sworn translator.
Build in considerably 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 too late cannot be repaired locally.
How do you register a foreign marriage in the Netherlands?
A marriage concluded abroad does not automatically appear in Dutch records. You register it with your municipality after your return, by handing in the foreign marriage certificate, again usually legalised or apostilled and translated. The municipality processes it in the personal records database, after which your marital status is correct for Dutch purposes: tax, pensions, inheritance, and the position of any children.
You can also have the certificate registered in the register of civil status (register van de burgerlijke stand) in The Hague. That is worth doing if you expect to need a Dutch extract of the marriage later, for instance for a notary or a foreign authority.
Which law governs your matrimonial property?
This is the question couples most often overlook, and it carries the largest financial consequences. The law applicable to your matrimonial property regime is determined separately from the question whether the marriage itself is valid. For marriages concluded from 29 January 2019, this follows from EU Regulation 2016/1103 on matrimonial property regimes; for marriages concluded earlier, older conventions and Dutch conflict-of-law rules apply. In outline, the applicable law follows the couple’s first common habitual residence after the marriage, failing that their common nationality, and failing that the country with which they have the closest connection.
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 only discover years later that a different regime has applied all along to everything they built up. You can choose the applicable law yourselves, and prenuptial conditions before a Dutch notary can settle both that choice and the regime itself.
What if your spouse is not Dutch?
A foreign marriage can also have consequences for residence. A spouse who does not hold the nationality of an EU or EEA country generally needs a residence permit to live in the Netherlands. The application is made by the sponsor in the Netherlands and comes with its own income and civic integration requirements. The marriage itself does not create a right of residence.
In summary
- A marriage concluded abroad is recognised in the Netherlands if it was valid under local law, unless recognition would be manifestly contrary to Dutch public policy.
- Collect your documents (certificate of no impediment, BRP extract, birth certificate, ID) well in advance, and check legalisation, apostille and translation requirements for that country.
- Register the marriage with your Dutch municipality after your return, and consider registration in The Hague if you will need a Dutch extract later.
- The law governing your matrimonial property is decided separately from the marriage’s validity, and can produce an unexpected regime if you live abroad after marrying.
- If your spouse is not an EU or EEA national, a residence permit application usually follows the marriage.
Frequently asked questions
Do we need to marry again in the Netherlands?
No. If the marriage was validly concluded abroad, you register it in the Netherlands; you do not marry a second time.
Can we choose Dutch law for our matrimonial property?
Yes, within the limits the applicable rules allow. A Dutch notary can draw up prenuptial conditions that record that choice.
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How Law & More can help you with this is explained on our family lawyer page.
