Netherlands

Section 281 

1. Any person who takes away a female minor against the will of her parents or guardians, but with her consent, with the intention of securing possession of her, either in or out of wedlock, shall be guilty of abduction and shall be liable to a term of imprisonment not exceeding six years or a fine of the fourth category;
2. Any person who takes away a woman by a ruse, an act of violence or threat of violence, with the intention of securing possession of her, either in or out of wedlock, shall be guilty of abduction and shall be liable to a term of imprisonment not exceeding nine years or a fine of the fifth category;
3. Prosecution shall take place only on complaint.
4. The complaint shall be filed:
5. by the woman, or by the person whose consent she requires to enter into a marriage, if she was a minor at the time of the abduction;
6. by the woman, or by her husband, if she was of age at the time of the abduction.
7. If the abductor has entered into a marriage with the abducted woman, conviction shall only take place after the marriage has been declared null and void.

Section 304  

The terms of imprisonment prescribed in sections 300-303 [assault] may be increased by one third:  

1°. if the offender commits the serious offence against his mother, his legal father, his spouse, his 129  

partner, his child, a child over whom he exercises parental authority or a child whom he cares for or raises as part of his family;  

2°. if the serious offence is committed against a civil servant during or in connection with the lawful performance of his office;  

3°.if the serious offence is committed by administering substances harmful to life or health. 

Section 379  

1. A civil registrar who participates in the solemnisation of a person’s marriage, knowing that this person is thereby entering into a bigamous marriage, shall be liable to a term of imprisonment not exceeding six years or a fine of the fourth category. 
2. A civil registrar who participates in the solemnisation of a person’s marriage, knowing that there is any other legal impediment to this marriage, shall be liable to a term of imprisonment not exceeding two years or a fine of the fourth category.

Section 449  

1. A minister of religion who, prior to having been given evidence by the parties that their marriage has been solemnised by a civil registrar, officiates in any official religious ceremony in celebration of the marriage, shall be liable to a fine of the second category. 
2. If during the commission of the minor offence, two years have not yet expired since a previous conviction of the offender for a similar minor offence became final, a term of detention not exceeding two months or a fine of the second category may be imposed.

Section 465 

A civil registrar who omits to have the documents or the statements required by any statutory regulation submitted to him prior to the solemnisation of the marriage, shall be liable to a fine of the second category. 

Section 466 

A civil registrar who violates any statutory regulation pertaining to the registers or the records of the Civil Registry or pertaining to the formalities preceding the solemnisation of a marriage or pertaining to the solemnisation of a marriage, shall be liable to a fine of the first category. 

Netherlands Criminal Code-English-PDF

Article 31  

To enter into a marriage, a man and a woman must have reached the age of eighteen. 

Article 39 

1 If the court has granted permission, the appeal period is fourteen days and the decision cannot be enforced during that period. 

2 Anyone who objects to a permission granted is obliged to notify the civil registrar or civil servants in the presence of whom the marriage can be celebrated within the period of appeal by bailiff. By failing to do so, he loses the right to request the annulment of the marriage on the basis of his lack of consent, if the court of appeal annuls the decision referred to in paragraph 1 and the marriage has already been consummated. 

Article 50 

A marriage can be interrupted when the parties fail to unite the requirements to one to enter into marriage, or when the parties do not both give their free consent to the marriage will give or when the intention of the future spouses, or one of them, is not is aimed at the fulfillment of the obligations attached to the marital status by law, but on obtaining admission to the Netherlands. 

Article 51 

1 Authority to intervene if the parties do not agree to the requirements to one To enter into marriage, are relatives in the direct line, brothers, sisters, guardians and receivers of one of the future spouses.  

2 The persons referred to in the previous paragraph are also authorized to interrupt a marriage, when the other prospective spouse is in receivership, and the marriage apparently would cause the misfortune of the party of which they are related, be a guardian or trustee. 

Article 53 

1 The public prosecutor is obliged to stop a proposed marriage if it is with one of the in the Articles 31 to 33 41, and 42 defined marital impediments is known. 

2 The Public Prosecution Service is authorized to act as a sham because of conflict with marriage to interrupt Dutch public order if the intention of the prospective person is spouses, or one of them, is not concerned with the fulfillment of the obligations imposed by the law marital status obligations, but to obtain admission to The Netherlands. 

3 The Public Prosecution Service is also authorized to stop the marriage if sufficient It is revealed that the future spouses, or one of them, are under the influence of the marriage of compulsion. 

4 For the exercise of the power referred to in paragraphs 2 and 3 by the prosecution requires prior authorization from the court. 

Article 69 

1 Unless otherwise specified below, the spouses may not have the combined requirements to enter into a marriage together, the annulment of marriage are requested by: 

a the direct relatives of one of the spouses; 

b each of the spouses; 

c all other persons who have an immediate legal interest in this, however 

this only after the dissolution of the marriage; 

d the Public Prosecution Service, but only as long as the marriage has not been dissolved. 

2 He who married one of the spouses by an earlier marriage or by a previously registered partnership is also authorized by virtue of the existence of that marriage or that registration the annulment of it thereafter to request a closed marriage. 

Article 70 

1 At the request of the parents, the spouses and the public prosecutor, a marriage will be annulled when in front of an unauthorized person registrar or not in the presence of the required number witnessing has been carried out. 

2 The power of a spouse to declare the Request marriage lapses, if there is outward possession of the marital status and a certificate of marriage ceremony before a civil servant stand past, be present. 

Article 71 

1 A spouse can request the annulment of his marriage if he does so closed under the influence of duress. The Public Prosecution Service is also after the spouses the opportunity to have their views on the to indicate the desirability of submitting the application for annulment, at least after having duly summoned them to do so, authorized to do the request. 

2 Furthermore, the spouse who has erred in the marriage ceremony can either enter the person of the other spouse, or as to the meaning of his statement made request the annulment of his marriage.  

3 The power to request a declaration of error for error lapses when the spouses have lived together for six months since the discovery of the error without the request being made. The jurisdiction for annulment compulsion to request expires when the spouses have three years lived together without coercion aimed at preserving the marriage without it the request has been made. 

Article 74 

The annulment of a marriage entered into by someone missing the required age, cannot be requested if it is of the required age on the day of the request. 

Article 81 

Husbands owe one another loyalty, help, and assistance. They are obliged to one another to provide the necessary. 

Article 82 

Spouses are obliged to each other to have the minor children belonging to the family care and education and bear the costs of that care and education. 

Article 84 

1 The costs of the household, including the costs of care and upbringing of the children, are charged to the common income of the spouses and, insofar as this is insufficient, at the expense of their own incomes in proportionality thereof; insofar as the incomes are insufficient, these costs come chargeable to the common capital and, insofar as this is also insufficient, chargeable of equity in proportion to it. All this does not apply insofar as special circumstances oppose it. 

2 The spouses are bound to each other accordingly to fight to make sufficient funds available from the expenditure referred to in the first paragraph the property under their administration, insofar as special circumstances arise do not oppose this. 

3 An arrangement deviating from the first and second paragraphs may be made by written agreement be affected. 

4 Disputes between the spouses regarding the application of the first to third member are decided by the court at the request of both or one of them. 

5 At the request of both or one of the spouses, the court may issue a data change decision or mutually agreed arrangement on the basis of changed circumstances. 

Article 85 

One spouse is, next to the other, jointly responsible for the whole of these things commitments entered into in the ordinary course of the household, including those arising from the work by him as an employer for the benefit of the household employment contracts entered into. 

Article 93 

It is possible to deviate explicitly or due to the nature of the terms in the case of a marriage contract of provisions of this title, except to the extent that provisions are expressly or by their nature oppose deviation. 

Article 94 

1 From the moment of the consummation of the marriage exists between the spouses a community of property by operation of law. 

2 The community includes, as far as its benefits are concerned, all property already existing before the commencement of the intercourse belonged to the spouses jointly, and all other property of the spouses, by each of them individually or by them jointly obtained from the commencement of the community until its dissolution, with exception of: 

a acquired by way of succession by inheritance, making, privilege or gift goods; 

b pension rights to which the Equalization of Pension Rights Act applies, as well as rights related to those pension rights survivor’s pension; 

c rights to establish usufruct as referred to in the article29 and 30 in book 4, usufruct established under those provisions, and what is obtained under the acrticles 34, 35, 36, 38 to 92 and 126, first paragraph and second paragraph, parts a and c, of Book 4 

3 The second paragraph, opening words and part a, does not apply to: 

a gifts of property belonging to the community to the other spouse; 

b goods, as well as the fruits of those goods, in respect of which by extreme will or the gift stipulates that they belong to the community outside the community, even if spouses are on a prenuptial agreement agreed that by virtue of succession by inheritance, making, privilege, or goods obtained as a gift or the fruits thereof fall into the community. 

5 Property and debts owed to one of the spouses in any particular way are attached, fall into the community only insofar as that attachment itself do not oppose this. 

6 Fruits of goods that do not fall into the community also do not fall into the community. What is collected on a claim falls outside the community outside the community, as well as a claim for compensation in its place of a spouse’s own property, including a claim the depreciation of such a good. 

6 The community, in its burdens, includes all before the existence of the community-originated common debts, all debts concerning property already vested in the spouses before commencement of the intercourse belonged together, and all arose during the existence of the community debts of each of the spouses, other than debts: 

a concerning goods excluded from the community; 

b belonging to an estate to which a spouse is entitled; 

c from donations, stipulations made and entered into by one of the spouses conversions as referred to in Articles 126, first paragraph and second paragraph, under a and c from Book 4 

8 There is a dispute between spouses as to which of them both belong to an asset and neither can prove his right to this good, then this becomes good as classified as community property. The suspicion does not work to the detriment of the creditors of the spouses. 

Article 149 

The marriage ends: 

a through death; 

b if the missing person, who in accordance with the provisions of the or presumably deceased or deceased declared, is still alive on the day the surviving spouse has a new one marriage or registered partnership has been entered into: by the consummation of this marriage or registered partnership; 

c by divorce, in accordance with the provisions of the second department of this title; 

d by dissolution of the marriage after legal separation, in accordance with the provisions of the second section of the then th title of this book. 

Article 150 

Divorce is pronounced between spouses who are not legally separated at the request of one of the spouses or at their joint request. 

Article 156 

1 The court can, in the divorce order or in a later judgment, to the spouse who does not have sufficient income to support himself or herself in can reasonably acquire at his request from the other spouse a grant subsistence allowance. 

2 When determining the benefit, the court can take the need into account to a maintenance provision in the event of the person’s death who is obliged to pay out. 

3 At the request of one of the spouses, the court may grant the benefit under the determination of conditions and a term. This determination cannot reach result in the payment ending later than on the basis of the applicable term, referred to in article 157 

Article 165 

1 At the request of a spouse, the judge can issue a divorce order or at later ruling provide that, if that spouse at the time of registration of the decision inhabits a house that is exclusively or partly occupied by the other spouse belongs to or belongs to use, he has jurisdiction over the other spouse the habitation and use of the property and its contents belonging to it cases for six months after the registration of the decision against a reasonable compensation. 

2 One may against him during that period without his consent from the other spouse performed legal act cannot be invoked against his in the foregoing section defined competence. 

3 If he refuses his consent or is unable to explain his will, the court that decided on the petition for divorce at first instance, op request of the other former spouse, stipulate that the previous paragraph outside continues to apply. 

Article 169 

1 Legal separation may be requested on the same ground and on the same 

way like divorce. 

2 The articles 151, 154 to 159a apply mutatis mutandis, with this provided that the time limits referred to in article 156 third paragraph and Article 157 first to fifth paragraph, commencing on the day of the separation order and bed is registered in the matrimonial property register, designated in article 116, and that the duration of the marriage is calculated until that day. 

3 An obligation of a spouse to legal separation to provide maintenance to the other spouse ends upon dissolution of marriage 

Article 245 

1 Minors are under custody. 

2 Authority is understood to mean parental authority or guardianship. 

3 Parental authority is exercised jointly by the parents or by one parent. Guardianship is exercised by someone other than a parent. 

4 Custody relates to the person of the minor, the administration of his property and its representation in civil acts, both inside and outside straight. 

5 The authority of the parent under this article 253sa or by a court decision accordingly article 253t exercises together with someone other than a parent, is regarded as parental authority that is exercised jointly by parents, unless the contrary ensues from a legal provision. 

Article 251 

1 During their marriage, the parents exercise joint custody. 

2 After dissolution of the marriage other than through death or after legal separation the parents who have joint custody remain in bed, this custody jointly exercise. 

Article 253b 

1 If with regard to a child only motherhood is established of the woman who the child was born or if the parents of a child are not married to each other or have been married and they do not exercise authority jointly, the the mother of whom the child was born has legal custody of the child alone, unless she was unauthorized to custody when she gave birth. 

2 The mother referred to in the first paragraph who was unauthorized at the time of her delivery to the authority, obtains this by operation of law at the time when it is authorized to do so unless another person is charged with the authority at that time. 

3 If at the said time another person has authority, the competent authority can parent request the court to charge him with custody of the child. 

4 When the other parent exercises custody of the child, this request becomes mere granted, if the court considers this desirable in the best interests of the child. 

5 When a guardian exercises custody of the child, the request becomes only rejected if there are well-founded fears that the best interests of the child should be granted would be neglected. 

Article 253c 

1 The parent of the child who is authorized to have custody, who can never share custody with the mother from whom the child was born may apply to the court the parents with joint custody or him alone with custody of the child to tax. 

2 If the request serves to entrust the parents with joint custody and the other parent does not agree with joint custody, the request is made only rejected if: 

a there is an unacceptable risk that the child could become trapped or lost between the parents and it is not to be expected that this will be sufficient in the foreseeable future improvement would come, or 

b rejection is otherwise necessary in the best interests of the child. 

3 When the other parent exercises custody of the child, the request for the parent authorized to have custody, referred to in the first paragraph, only with custody tax only granted if the court does so in the best interests of the child desirable. 

4 When custody is not provided or when a guardian exercises custody, the request for the parent with custody as referred to in the first paragraph, only to be entrusted with the authority, only to be rejected if justified fear exists that if granted, the best interests of the child would be neglected. 

5 A request to charge the parents with joint custody as referred to in the first paragraph, can also be done by the mother from whom the child was born. 

Book 4 

Article 13 

1The estate of the testator who leaves a spouse and one or more children as heirs, shall be divided in accordance with the following paragraphs, unless the testator has determined by disposition of property upon death that this section will not apply. 

2The spouse automatically obtains the assets of the estate. Payment of the debts of the estate is his responsibility. The liabilities of the estate also include expenditure at the expense of the joint heirs to pay testamentary charges. 

3Each of the children, as heir, automatically obtains a monetary claim against the spouse, corresponding to the value of his inheritance. This claim is due and payable: 

a.if the spouse has been declared bankrupt or the debt rescheduling scheme for natural persons has been declared applicable to him; 

b.when the spouse has died. 

The claim is also due and payable in cases specified by the testator by disposition of property upon death. 

4The sum of money referred to in paragraph 3 is, unless the testator or the spouse and the child together have determined otherwise, increased by a percentage corresponding to that of the statutory interest, insofar as this percentage is higher than six, calculated per year. from the day on which the succession is opened, for which calculation only the principal sum is taken into account in each case. 

5If the claim referred to in paragraph 3 has become due and payable because the debt rescheduling scheme for natural persons has been declared applicable to the spouse, then the claim, insofar as it has remained unsatisfied, is due to termination of the application of the debt rescheduling scheme for natural persons on the grounds of article 356 paragraph 2 of the Bankruptcy Act again not due and payable. Article 358 paragraph 1 of the Bankruptcy Act does not apply to the claim. 

6In this title, spouse does not include a legally separated spouse.