Amsterdam Dutch

Only civil marriages, those performed by civil servants, are recognised by Dutch law and are therefore required. Religious ceremonies are thus a secondary option. Marriage in the Netherlands does not automatically confer Dutch citizenship upon an individual. Requirements for getting legally married in the Netherlands are as follows:

• One partner must be either Dutch or a legal Dutch resident.
• The couple can be gay or heterosexual. However, there is no guarantee that a same-sex couple’s marriage will be recognised in another country.
• Non-Dutch nationals must pass an integration test in order to marry or form a partnership with a Dutch national, holder of a long-stay residence permit or a person granted asylum status. For some nationalities, this course must be completed and passed in the home country prior to the granting of an MMV visa to enter the Netherlands. Information about this test can be obtained through the immigration authority (IND).
• In order to prevent marriages of convenience, non-Dutch nationals wanting to enter into a registered partnership or marriage must have a permanent residence permit. A special statement of permission may be granted from the immigration authority (IND) when this is not the case.
• In the case that one partner is not Dutch, other regulations may apply, specifically in regard to the non-Dutch partner’s ability to reside and/or work in the Netherlands. For example, in this situation, both partners must be at least 21 years of age. In most cases, the Dutch partner (or legal Dutch resident) must show sufficient income to support the newcomer. As of 1 November 2004, this is at least 120% of the minimum wage in the case of family formation.
• Since 1 November 2004, the age limit for exemption from the income requirement for a head of family has been raised from 57.5 to 65 years. Further, partners caring for a child under the age of 5 are no longer exempt from the income requirement. In most cases, those who are permanently and fully incapacitated for work are exempt from the income requirement.
• Marriage to more than one partner is not permitted in the Netherlands.
• Non-Dutch nationals are required to show an affidavit from their home country certifying their civil status, (i.e. that the person is not already      married, that a divorce has been finalised, or that a previous spouse is deceased). These documents must have been issued within the last 6 months prior to the application to enter/remain in the Netherlands, and must bear an apostil stamp certifying their authenticity. Information on  obtaining these documents and the apostil stamps for non-Dutch nationals is available through embassies.
• An ondertrouw, or official notification to the municipality, is required no later than two weeks before the ceremony.

Couples may choose between two forms of marriage:

• Gemeenschap van goederen (communal property). This default form of marriage means that all property is owned on equal terms between the two partners. This also means that both partners are liable for each other’s debts.
• Huwelijkse voorwaarden (marriage settlement or prenuptial agreement). This means that each partner’s income and assets are separate and pre-determined in conjunction with the partners and a legal expert.