There are three recognised unions in the Netherlands, all available to both same-sex and heterosexual people:

1. Civil marriage
2. Registered partnership
3. Cohabitation agreement

Legal Criteria 

People entering into civil marriage and registered partnerships have legal criteria to meet, while the terms of a cohabitation agreement are not obligatory unless a legal document is created by the parties. 

In order to enter into civil marriage or a registered partnership the following criteria must be met:

• Only two people are allowed in the union and both must be single when entering it
• Both must be 18 years or older or have the permission of a guardian
• At least one partner must be Dutch, or foreign with Dutch residency status. 
  Note: a non-Dutch partner without a residency permit must submit a statement issued by the Aliens Police (Vreemdelingendienst) on their status under the Aliens Act

The law of the home country is irrelevant for foreigners qualifying to marry in Holland. Only Dutch law applies. However, there is no guarantee that same-sex marriage will be recognised in the home - or any other - country.

The Ministry of Justice has produced a comprehensive document (in English) on the subject of same-sex marriage in the Netherlands. It looks at the process, adoption laws, joint responsibilities and ownership, divorce and the legal consequences:

• Information from the Ministry of Justice: Click here (PDF) 

Civil Marriage

Civil marriage for same-sex couples became legal in April 2001. The process of same-sex marriage and the rights afforded to the married couple in the Netherlands are completely equivalent to the process and rights for heterosexual marriage with the one exception: the rights of adoption of children (see below).

The marriage takes place at the civil registrar of the municipality of residence of one of the couple. The exchanging of vows may be followed by a religious blessing.

• See AngloINFO INFOrmation page on Getting Married in the Netherlands

Getting married

The civil marriage takes place at a Registry Office and is performed by a registrar of marriages (ambtenaar van de burgerlijke stand). A religious ceremony may follow the civil event, but this is optional. It has no legal status and may only be held after the civil ceremony has taken place.

In order to get married in the Netherlands, one of the parties must be: 

• A Dutch citizen or legal resident of the Netherlands with a long-stay permit or asylum status 
• The couple may be gay or heterosexual. 

Since 15 March 2006 people wishing to settle in the Netherlands for marriage or partnership are required to take a civic integration examination in their country of residence. This exam tests knowledge of the Dutch language and Dutch society. It is held orally, in Dutch, at the Embassy or Consulate General of the country of residence.

If the couple both live abroad and wish to marry in the Netherlands they must give notice of their intention to marry at the City of The Hague Registrar's Office

• Gemeente Den Haag
  At: Dienst Burgerzaken, Postbus 12620, 2500 DL Den Haag 
  Tel: 070 353 2810
  Website

A marriage may only be legally ended by divorce in the courts.

Registered Partnerships (geregistreerd partnerschap)

The Registered Partnership (established 1998) was created for same-sex and opposite sex partners and provides the same rights and responsibilities as married partners except in relation to children (see below). Unlike a marriage, a registered partnership may not be blessed in a religious service.

A registered partnership is recorded at the Registry of Births, Deaths and Marriages of the municipality of residence.

The necessary documents are:

• A full birth certificate
• A certificate of civil status available from a consulate
• A death certificate in the case of being widowed
• A marriage certificate in the case of a previous marriage
• A divorce decree in the case of a previous divorce

Changing an agreement

Registered partnerships can be transformed into a marriage and vice-versa. 

Same-sex Marriage, Registered Partnerships and Children

Following the Same-Sex Marriage Act, the Civil Code adoption rules were changed. Same-sex couples may not adopt children abroad and may only adopt children whose habitual residence is the Netherlands. In the case of adopting a partner's child the couple must have lived together for at least three years and have shared the responsibility of the child's upbringing for at least a year.

A same-sex partner does not automatically become the parent of their partner's child unless and until they legally adopt the child. However, the child is still regarded as a step-child and as such, the partner has the normal financial and moral responsibilities of a step-parent. 

Furthermore, from the Ministry of Justice: "In law, a child born of the marriage between a man and a woman has both spouses as its parents. This is not the case where two women or two men are married, or the couple (either same sex or of different sexes) has entered into a registered partnership." 

Cohabitation Contract

A cohabitation contract sets out the rights and obligations that a couple chooses for themselves. Unlike marriage or registered partnerships it only has legal consequences for the contracting parties. It can be established by the couple themselves or by a notary. In order to be eligible for certain benefits (for example pension rights schemes) an official agreement by a notary is necessary.

• A cohabitation agreement can exist between more than two people as can be seen in the following article related to cohabitation contracts in the Netherlands: Click here

Further Information

• Ministry of Foreign Affairs
  International Information and Communication Division (DVL/VB)
  At: Postbus 20061, 2500 EB Den Haag
  Information booklet available in English, Dutch, French, Italian and Spanish
• Ministry of Justice website (in Dutch)
• Relevant articles on the law

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