Max Planck Institute for Social Anthropology

The Recognition in the Netherlands of Child Marriages Concluded Abroad

by Fei An Kersten

Question(s) at stake

Whether a customary marriage between a man and a woman concluded in Eritrea whilst the woman was 13 years old can be recognized in the Netherlands.

Outcome of the ruling

Seeing as Eritrean law requires parties to a customary marriage to be at least 15 years old, no valid marriage had been concluded. As such, the marriage cannot be recognized in the Netherlands.

Country:

Netherlands

Official citation

District Court Zeeland-West-Brabant, Judgement of 13 April 2021, case nr. C/02/371219 FA RK 20-1965, ECLI:NL:RBZWB:2021:2525 (Uitspraak Rechtbank Zeeland-West-Brabant, 13 april 2021)

ECLI:NL:RBZWB:2021:2525

Topic(s)

Keywords:

Child marriage Customary marriage Legal toolbox Marriage and partnership Public order

Tag(s):

Recognition of customary marriage Eritrean marriage law

Bibliographic information

Kersten, Fei An (2024): The Recognition in the Netherlands of Child Marriages Concluded Abroad, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI076NL004, https://doi.org/10.48509/CUREDI076NL004.

About the authors

Fei An Kersten (Faculty of Law, Maastricht University, Netherlands)