Netherlands, Detention of a U.k. Citizen

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Netherlands, Detention of a U.k. Citizen

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Examined usually the hypothesis of marriage invalidation, let us keep an issue of great importance, that is divorce. We analyze the key points, recalling that the law does not speak specifically about divorce, but cases in which it takes place the invalidation of marriage or termination of its effects.

They differ, firstly, in cases of marital union with a civil ceremony and with a religious ceremony.

Concerning the civil marriage Article 1 of the law explicitly refers to "dissolution of the matrimonial union", while for the religious marriage officially registered the law speaks of "the end of the civil effects resulting from the civil registration of the marriage."

The reason for the discrepancy is obvious, as a religious marriage cannot be declared invalid by the Italian court that may, on the contrary, intervene on the civilians effects. This means that, the act of the marriage, if religious, is under the responsibility of ecclesiastical authority, marriage intended as a relationship is essentially defined as the ratio of faculty of civil jurisdiction.

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In both cases the invalidation of marriage or termination of the civil effects are made by the judge when, after the mediation attempts, it is established that cannot be preserved or restored material and the spiritual union between the spouses for the reasons listed by the same law of article, we can see in detail which are the reasons why the spiritual and material union of the spouses lapse: occurring cases referred in Article 3 spouses can individually or both require to canceling the marriage or the interruption of the civil effects of marriage previously agreed.

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The court will divulge the decree ordering, if it is raised, the requirement for a spouse to give the other a regular cheque unless the spouse does not have appropriate means.

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Then the court challenge the sanctions required concerning the children and establishes the extent how the noncustodial spouse has to participate in the protection of children and its relationship with it.

The family residence is preferably assigned to the parent to whom the children are awarded or adult children who live alongside. The assignment of the house, when recorded, is presentable to the third buyer in accordance with Article