3-4/2005 UINL - Notarius International

Notarius International 3-4/2005 M. Tomlow, „Divorces éclair“ aux Pays-Bas 267
The Registered Partnership results in almost all of the
rights and obligations of the marriage (quasi-marriage).
2. Dissolution of Registered Partnership by mutual
consent
A difference between Marriage and Registered Partnership
is that the Registered Partnership can be dissolved
by mutual consent of the partners or by court decision.
A marriage can only be ended in court. Dissolution by
mutual consent, without court decision, is not possible
for the marriage.
Registered partners can end their relationship without
going to court as long as both parties agree. However,
they must be able to demonstrate that they agree and have
arranged their affairs to the satisfaction of both. For this
purpose, they must have an agreement drawn up by a
lawyer or civil law notary, confirming that they wish to
end their relationship and making arrangements regarding
property, maintenance and so forth.
This agreement must be entered in the registers of
births, deaths, marriages and registered partnerships. Only
once this has been done is the registered partnership
deemed officially ended.
3. Conversion of a Marriage in a Registered Partnership
and vice versa
A marriage can be converted into a registered partnership.
The registrar of marriage draws up a deed of conversion,
which is entered in the registered partnership
register. Conversion ends the marriage and affects the
registered partnership.
In principle, conversion does not change the existing
situation. For example, if two people in a marriage are
bringing up a child and share responsibility for the child,
converting their marriage into a registered partnership
has no further implications. Nor are there any consequences
for a couple who entered into a registered partnership
in general community of property except, perhaps, if one
or both partners are foreign nationals or resident abroad.
4. Flash annulments (Flitsscheidingen)
4.1. 5.000 Flash annulments in 2004 alone
Apart from divorce, a marriage is also regarded as having
been dissolved when it is converted into a Registered
Partnership. Subsequently, the registered partners can
dissolve their registered partnership by mutual consent.
This procedure is called “flash annulment” (Flitsscheiding).
Since flash annulments were introduced (2001) the
number of registered partnerships has grown significantly.
In 2004 over 11.000 partnerships were registered,
mainly (91%) heterosexual couples. More than 60 percent
of the registrations are marriages that are converted
into partnerships.
In 2004 almost 5.000 marriages were dissolved by
way of so-called flash annulments. Flash annulments
appear to be a serious alternative for married couples who
want to get divorced.
A flash annulment allows a speedy procedure. Most
marriages converted into partnerships are soon followed
by dissolution of the partnership. About 60 percent of the
conversions were dissolved within a month, 90 percent
within six months.
4.2. Reform proposals
Some members of the Dutch Parliament had proposed
a Bill to make the dissolution of the marriage by mutual
consent in an administrative procedure possible – replacing
flash annulments (Luchtenveld Bill). During parliamentary
debate, this proposal was first restricted to
partners who don't have minor (under age) children;
this proposal had been adopted by the Senate (the second
Chamber of the Dutch Parliament) on November 29th,
2005. 2 However, on June 20th, 2006 the Fist Chamber of
the Parliament has rejected the Luchtenveld Bill.
On the other side, the Minister of Justice wants to abolish
the possibility of dissolving the Registered partnership
by mutual consent alltogether.
Thus, today it is uncertain if an administrative divorce
of the marriage will be introduced replacing flash annulments.
5. No recognition in other countries
Other countries do not know the possibility of conversion
and do not recognize the dissolving of the marriage.
This means that married couples should be aware that
their relationship and its legal consequences will not always
be accepted in other countries. After conversion of
the marriage in a Registered Partnership and dissolving
the Registered Partnership the partners stay married for
the foreign law and can not remarry an other person
abroad.
* by MICHIEL TOMLOW, senior partner of Tomlow & Zeestraten, Civil
Law Notaries in Heerlen, The Netherlands.
1 Dutch statutes may be searched in internet at the following site:
http://wetten.overheid.nl/
2 “Wet bevordering voortgezet ouderschap en zorgvuldige scheiding”,
Tweede Kamer der Staten Generaal, vergaderjaar 2005-2006, 30145,
Internet: www.tweedekamer.nl
“Divorces éclair” (Flitsscheidingen) aux
Pays-Bas*
1. Le partenariat enregistré conformément à la loi
néerlandaise
Aux Pays-Bas, les couples de même sexe ou de sexe
différent peuvent se marier ou convenir d'un partenariat
enregistré. Les conditions du mariage et du partenariat
enregistré sont les mêmes.
Le mariage et le partenariat enregistré se ressemblent
largement. Il s'agit, dans les deux cas, de relations formalisées
par la loi (Livre 1 du Code Civil Néerlandais, Mariage,
Titre 5, et Partenariat enregistré, Titre 5 A). 1
Les partenaires enregistrés ont presque tous les droits et
obligations d'un couple marié (quasi-mariage).