Are marriages solemnized online in the United States of America legally valid in the Netherlands?
The answer to this question isn’t that simple but we will try to answer it.
The term “online marriage” is not written in the law yet. The concept of online marriage only started in 2019 and the law has not been updated since then.
According to the Private International Law of the Netherlands, marriage follows the law of the place where they are concluded.
Dutch Civil Code: Book 10: Private International Law
Article 10:31 Recognition of foreign marriages
– 1. A marriage that is contracted outside the Netherlands and that is valid under the law of the State where it took place or that has become valid afterward according to the law of that State, is recognized in the Netherlands as a valid marriage.
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– 4. Marriage is presumed to be valid if a marriage certificate has been issued by a competent authority.
This means that online marriage is considered valid and legal in the US, which is the place where it took place and accepted by US law, should be recognized in the Netherlands as a valid marriage.
Because the law doesn’t address this kind of marriage directly, we can’t guarantee that you will be able to get register as married in the Netherlands based on this certificate. But we do know couples who got recognition from the Netherland and got registered as married based on that certificate from the US
How to get your marriage registered in the Netherlands
Dutch nationals living in the Netherlands need to register their marriage in the Personal Records Database (Basisregistratie personen, BRP).
PART I
Dutch national living in the Netherlands
If you got married or registered a partnership outside the Netherlands, you must register this in the Municipal Personal Records Database (Basisregistratie personen, BRP).
Conditions
The vital detail must be ‘legally valid’ in the country where it took place. This means that the document must be drawn up according to local regulations and by an authorized agency.
Any couple with a certified copy of their marriage certificate with APOSTILLE has been legally married according to the laws of the United States. Since online marriage is legal in the US, and you get a legal official marriage certificate after the marriage is done, then the marriage should be accepted by law in the Netherlands.
Procedure to register your marriage
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Place of registration
Register your marriage or foreign partnership with one of the City Offices where you live.
Make an appointment to personally visit the City Office of your place of residence.
- Schedule an appointment online to register a foreign marriage or partnership (in Dutch). On the form first select Huwelijk of geregistreerd partnerschap and next Buitenlandse akten inleveren.
- You can also make an appointment by calling the City of Amsterdam helpline
14 020. Monday to Friday from 08.00 to 18.00.
Requirements
- The original marriage certificate with apostille.
- Your own valid passport or ID card (not a driving license).
- A valid passport or ID card of your partner (not a driving license). Copy of the passport may be acceptable.
- If you or your partner do not have a Dutch nationality you must bring the form Declaration foreign marriage (PDF, 157 KB). Both partners have to sign the declaration.
Fees
Registration of marriage and partnership is free of charge.
Processing time
During your appointment, they will advise you how long it can take before your marriage or partnership can be registered. This is a case-to-case basis, depending on your situation.
PART II
Dutch national living abroad
Dutch nationals living abroad are advised to register their foreign marriage certificate in the Dutch register. Then get a copy of the extract or a certified copy of the document to apply for a national visa for your spouse.
Procedure to register your marriage
If you do not live in the Netherlands, you may choose to register your foreign marriage certificate in the Dutch Municipal Personal Records Database. See the municipality of The Hague’s Foreign Document Department (in Dutch). This is a personal online environment where you can arrange matters with your municipality.
Requirements
- The original marriage certificate with apostille.
- Your own valid passport or ID card (not a driving license).
- A valid passport or ID card of your partner (not a driving license). Copy of the passport may be acceptable.
- If you or your partner do not have a Dutch nationality you must bring the form Declaration foreign marriage (PDF, 157 KB). Both partners have to sign the declaration.
Fees
Registration of marriage and partnership is free of charge.
Processing time
Since this is an online environment, the processing time depends on your municipal authority. This is a case-to-case basis, depending on your situation.
IMPORTANT INFORMATION
While we guarantee that online marriage is legal according to the laws in the US, it is not certain that the court of law and Immigration Services of your home country will recognize such union as valid. They may require further verification and additional documents if deemed necessary.
