Ondertrouw
Encyclopedia
Ondertrouw refers to the requirement in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...

 to formally register the intention to marry.

Origin and development

This ancient custom is related to the publication of banns of marriage
Banns of marriage
The banns of marriage, commonly known simply as the "banns" or "bans" are the public announcement in a Christian parish church of an impending marriage between two specified persons...

. (It does not refer to the banns themselves. It refers to the formal entry into the bann-reading process.) Ondertrouw existed before the Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...

 and was continued afterwards. Ondertrouw has survived into modern times and exists today as a pre-marriage legal requirement in both the Netherlands and Belgium. In both countries civil marriage is compulsory and couples intending to marry register the ondertrouw beforehand at the civil registry (Burgerlijke Stand). Ondertrouw is now analogous to the process of applying for a marriage licence. Sometimes it is referred to as notice of intention to marry (huwelijksaangifte).

Ondertrouw should not be confused with engagement or betrothal. The word ondertrouw itself has no English equivalent. A common phrase used in this context is "in ondertrouw gaan". A similar phrase used in 18th century Holland was "in ondertrouw opgenomen". Both phrases mean "to enter into ondertrouw".

Procedure

The length of the ondertrouw period can vary. Historically the period was three weeks. The idea was that there had to be enough time to determine that all legal and ecclesiastical requirements for marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

 had been complied with.

In the Netherlands, the period between the ondertrouw and the marriage is not fixed. However, under article 46 of Book 1 of the Dutch Civil Code the maximum period is a year and under article 62 of Book 1 the minimum period is fourteen days unless an exemption is obtained from the Public Prosecutor (Openbaar Ministerie).

When the ondertrouw is registered at a town hall in the Netherlands, the following takes place:
  • The production of the deed or certificates of birth

  • Setting the time and date of the marriage ceremony (In the Netherlands the marriage ceremony itself is usually held at the town hall. Each town hall has a special hall for this.)

  • The selection of the witnesses (In the Netherlands two witnesses must be present at the marriage ceremony. Their presence is integrated into the ceremony.)

  • Determining the cost of the marriage ceremony to be charged by the municipality (One of the factors involved in this is the date and time.)

  • Presentation of authorisation documents from the IND (the Dutch immigration department) if one of the partners does not have Dutch nationality

  • Provision of information to the couple about the marriage ceremony itself

  • Provision of information by the couple to the municipality any precise wishes they have about this


In Belgium (taking Antwerp as an example), the period between the ondertrouw and the marriage is 14 days to 6 months. The procedure is similar to that described above.

Religious weddings

Ondertrouw is part of the mandatory civil marriage process, but some couples choose to have a religious wedding as well. In Belgium, couples intending to have a Roman Catholic wedding as well as a civil marriage register with the parish priest, usually at the bride's parish. The priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...

also gives pastoral guidance. In the Netherlands, a wedding in a church or other religious setting is no longer that common, but those wanting a religious wedding will arrange to have one after the civil marriage. In this event the civil ceremony is a modest affair and does not really take the form of a wedding at all.
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