Foreign marriage and a Dutch mortgage: what expats need to know

As a civil-law notary, my firm and I speak daily with expats living in the Netherlands who are looking to buy a home here. These clients have often married abroad, which raises questions such as: Is my marriage valid here? What does this mean if I want to take out a mortgage?

Let's take a look at some of the most frequently asked questions and clear up any confusion.

Your foreign marriage is valid in the Netherlands

The good news: a marriage solemnised abroad is legally valid from a Dutch perspective. As long as your marriage was validly concluded in accordance with the local laws of the country where you married, the Netherlands recognises it. You are therefore simply considered married here, without needing a new Dutch marriage certificate.

However, it is strongly advised that you register your foreign marriage certificate in the Dutch Personal Records Database (BRP) at your municipality. While not required for legal validity, registration makes living in the Netherlands significantly easier. It simplifies providing proof to authorities, banks, and notaries, and prevents administrative obstacles.

In any case, it is always best to ensure you have an original, legalised, and translated marriage certificate.

The marriage date and the applicable matrimonial property law

The fact that your marriage is valid here does not automatically mean that Dutch matrimonial property law applies to you. So then which rules govern your assets and liabilities? In the Netherlands, this question is determined by Private International Law. 

The date you married is crucial. In the Netherlands, the applicable matrimonial property regime is determined by various conflict-of-law rules, depending on the date of the marriage. The most relevant are the following: 

• From September 1, 1992: The Hague Convention on the Law Applicable to Matrimonial Property Regimes 1978 applies. This convention gives priority to a choice of law made by the spouses; failing that, the law of the first habitual residence after the marriage applies in principle, with a few exceptions.
• Since January 29, 2019: the EU Matrimonial Property Regulation (2016/1103) applies to participating EU Member States, including the Netherlands. This contains uniform conflict-of-law rules and is also based on a choice of law or, in its absence, objective connecting factors such as the first common habitual residence.

It is therefore possible that a foreign matrimonial property regime applies to your marriage, which differs from the Dutch standard.

Why banks need to know this for a mortgage

Why is the above relevant to you as an expat? If you buy a property in the Netherlands and secure financing from a Dutch bank, the bank will want to know which rules apply to you. After all, the bank wants to know who will become the owner of the property and who is jointly liable for the mortgage debt. 

Whether you are married in community of property or under prenuptial agreements (separation of assets) is decisive here. A bank cannot simply assume that Dutch law applies.

The mortgage lender often requires a notarial statement regarding the applicable matrimonial property regime before the mortgage is granted and the deed of transfer can be executed.

Not married but registered as partner

The same applies to couples that are registered as partners. The rules that apply for registered partners are (slightly) different.