Max Planck Institute for Social Anthropology

Marriage Confirmation Leading to Bigamy

by Susan Rutten

Question(s) at stake

Whether a man, after having concluded an informal customary marriage in Morocco, committed a criminal act of bigamy by subsequently entering into a second marriage in the Netherlands.

Outcome of the ruling

Being “legally” married is not a necessary condition for having committed the criminal act of bigamy under Dutch criminal law. A man who, after having concluded an informal customary marriage abroad, subsequently enters into a second marriage in the Netherlands may commit a criminal act of bigamy if he was aware of the fact that he was previously married abroad.

Country:

Netherlands

Official citation

Supreme Court, Decision of 1 December 2009 (Hoge Raad 1 december 2009)

ECLI:NL:HR:2009:BJ2779

Topic(s)

Keywords:

Customary marriage Polygamous marriage

Tag(s):

Bigamy Marriage confirmation Criminal offense Citizenship Morocco Loss of citizenship

Bibliographic information

Rutten, Susan (2024): Marriage Confirmation Leading to Bigamy, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI023NL005, https://doi.org/10.48509/CUREDI023NL005.

About the authors

Susan Rutten (Faculty of Law, Maastricht University, Netherlands) ORCID logo