DUT CH FAMILY LAW IN THE 21ST CENTURY: TREND-SETTING AND STRAGGLING BEHIND AT THE SAME TIME Masha anto kolskaia and Katharina Boele-woelki IIA I Introduction At the beginning of the 21" century, Dutch family law is considered to be both trend- setting and straggling behind at the same time. This proposition seems to be ambiguous. However, to put it succ inctly, Dutch family law is unique in two ways: On the one hand, the Netherlands became the first country in the world where two partners of the same sex can enter into a marriage. On the other hand, the Netherlands is still the only country in the world where the un iversal community of property is the applicable legal matrimonial property regime. In this report an attempt is made to provide a brief overview concerning the current state of affairs of Dutch family law by concentrating on the following four main issues: (1) marriage and registered partnership; (2)divorce, d isso lution(of a registered partnership)and transformation of a marria ge into a registered partnership and vice versa), (3)the matrimonial property regime and(4) parents and children. Each paragraph contains both a brief description of the present state of the law and of the bills and drafts, which are currently being prepared. At the end of the report, an attempt is made to present an outlook for the future of Dutch family law. At this point, it is argued, among other things, that within Europe it is necessary to harmonise selected fields of family law. I The private international law aspects are not included in this report although these aspects belong to the topical issues of today with re gard to the dutch same-sex marriage and the possibility for same-sex partners to adopt a child. The Netherlands takes a unique position when it comes to marriage although some European countries have introduced the notion of the registered partnership. If either at least one of the partners is a Dutch national or habitually resident in the Netherlands, the question as to whether they may marry will be dealt with under Dutch law. Whether the law of the country of which the non-Dutch partner is a national perm its same-sex marriage is irrelevant. Therefore, all the countries in the world need to prepare themselves as to how they will legally react in case their nationals or authorities are confronted with the new Dutch institutions. Presently, it seems that the Dutch same-sex marriage or adoption will not be recogn ized in other countries due to a conflict with their public order. It is interesting to witness whether this situation will change in the next few years. Will other countries follow the Dutch approach or will the Netherlands remain isolated as a pioneer? Marriage and registered partnership Senor research Fellow at the Molengraaff Institute for Private Law, University of Utrecht; Member of the Expert Group of the Commssion on European Family Law. Her part of th ort has been nade possible by a fellowship from the Royal Netherlands Academy of Arts and Sciences Professor of Private International Law and Comparative Law, Molengraaff Institute for Private Law University of Utrecht; Member of the Organising List of abbreviations: FJR-Tiidsdrijff oor Familie- en Jeugdrecht NJ-Nederkndse Jurisprudentie, NJB-Nederkands Juristenblad, Staatsbad-Staatsblad oor het Koninkrijk der Nederlanden: WPNR Weekblad voor Privaatrecht, Notariaat en Registratie 2. Consequently, same-sex married couples will have t take into acoount that ther marriage luded in the Netherlands will in principle not be recognized n other tries. See on this question the extensive report of the Dutch Standing Governmental Commssion on Private International Law, whichwaspublishedon7January2002,seewww.justitienl/cactual/rapportcie/commissi.htm
DUTCH FAMILY LAW IN THE 21ST CENTURY: TREND-SETTING AND STRAGGLING BEHIND AT THE SAME TIME Masha Antokolskaia* and Katharina Boele-Woelki** II A 1 Introduction At the beginning of the 21st century, Dutch family law is considered to be both trendsetting and straggling behind at the same time. This proposition seems to be ambiguous. However, to put it succinctly, Dutch family law is unique in two ways: On the one hand, the Netherlands became the first country in the world where two partners of the same sex can enter into a marriage. On the other hand, the Netherlands is still the only country in the world where the universal community of property is the applicable legal matrimonial property regime. In this report an attempt is made to provide a brief overview concerning the current state of affairs of Dutch family law by concentrating on the following four main issues: (1) marriage and registered partnership; (2) divorce, dissolution (of a registered partnership) and transformation of a marriage into a registered partnership and vice versa), (3) the matrimonial property regime and (4) parents and children. Each paragraph contains both a brief description of the present state of the law and of the bills and drafts, which are currently being prepared. At the end of the report, an attempt is made to present an outlook for the future of Dutch family law. At this point, it is argued, among other things, that within Europe it is necessary to harmonise selected fields of family law.1 The private international law aspects are not included in this report although these aspects belong to the topical issues of today with regard to the Dutch same -sex marriage and the possibility for same-sex partners to adopt a child. The Netherlands takes a unique position when it comes to marriage although some European countries have introduced the notion of the registered partnership. If either at least one of the partners is a Dutch national or habitually resident in the Netherlands, the question as to whether they may marry will be dealt with under Dutch law. Whether the law of the country of which the non-Dutch partner is a national permits same-sex marriage is irrelevant. Therefore, all the countries in the world need to prepare themselves as to how they will legally react in case their nationals or authorities are confronted with the new Dutch institutions. Presently, it seems that the Dutch same-sex marriage or adoption will not be recognized in other countries due to a conflict with their public order.2 It is interesting to witness whether this situation will change in the next few years. Will other countries follow the Dutch approach or will the Netherlands remain isolated as a pioneer? 1 Marriage and registered partnership * Senior Research Fellow at the Molengraaff Institute for Private Law, University of Utrecht; Member of the Expert Group of the Commission on European Family Law. Her part of this report has been made possible by a fellowship from the Royal Netherlands Academy of Arts and Sciences. ** Professor of Private International Law and Comparative Law, Molengraaff Institute for Private Law, University of Utrecht; Member of the Organising Committee of the Commission on European Family Law. 1. List of abbreviations: FJR – Tijdschrift voor Familie- en Jeugdrecht; NJ – Nederlandse Jurisprudentie; NJB – Nederlands Juristenblad; Staatsblad – Staatsblad voor het Koninkrijk der Nederlanden; WPNR – Weekblad voor Privaatrecht, Notariaat en Registratie. 2. Consequently, same-sex married couples will have to take into account that their marriage concluded in the Netherlands will in principle not be recognized in other countries. See on this question the extensive report of the Dutch Standing Governmental Commission on Private International Law, which was published on 7 January 2002, see www.justitie.nl/c_actual/rapport/cie/commissi.htm
ANTOKOLSKAIA/BOELE-WOELKI From the Istof April 2001 homosexual and heterosexual couples wanting to foma lise a relationship can choose between three options: civil marriage, registered partnership or a cohabitation agreement. The last mentioned only has legal consequences for the parties who have signed it and only covers those issues, which the parties themselves want it to cover. The cohabitation agreement has to be legally drawn up by a notary Apart from these formalised relationships more than 1. 4 million couples are living together without any formalisation of their relationship. 3 The law does not Regulate these cohabitations and consequently there is enormous uncerta inty about the rights and obligations of the partners especially if the cohabitation should end. Recently,it has been convincingly advocated that the dutch legislator, like the situation in Sweden and New Zealand, should take action with regard to these relationships, which in relation to 7 million married couples are quite numerous and the numbers are even still l.1 The Act Opening Marriage to Same-Sex Couples of 21 December 20005 entered into force on Ist April 2001. Art icle 1: 30, which used to determ ine that a marriage could ly be concluded between a ma a man and a woman, contains the most mp It now states in its first section that two persons of the opposite sex or two persons of the same sex may conclude a marriage. The world premiere of such a same-sex marriage took place in Amsterdam. Just after midnight the mayor, who in his former capacity as the State Secretary of Justice had been advocating the Act in Parliament concluded the first four marriages between same-sex partners. In 2001, in total 2,387 same-sex marriages were concluded between 1, 325 male couples and 1,062 female couples. In most cases, the same-sex couples had previously concluded a registered partnership, which was transformed into a maria ge. In addition, it is worth mentioning that more than 82, 000 heterosexual marriages were concluded in the same year.0 The first figures on same-sex marriages do not yet allow any far-reaching conclusions However, the figures on registered partnerships that are shown below, obviously indicate that there is a relationship between the use of both institutions Which conditions need to be fulfilled to enter into a marriage? To begin with, it is worth stressing that in the Netherlands the princ iple of a monogamous marriage is still upheld(Art. 1: 33 ). This means that no one in the Netherlands may marry more than one person at the same time and anyone wanting to marry may not already be married 3. See Garssen, J/De Beer, J /Cuyvers, P /De Jong, A(eds ), Samenlewen, Nieinre feiten over relaties 4 gecinnen(2001) ee Schram, W, Vermogensrecht voor ongehuwde samenlevers(2000) 5. See extensively on the preparation of the Act and the political discussions, Forder, C, To marry or marry: That is thequestion, Bainham, A,(ed), The Intemational Suney of Family Law(2001) 6 taatsblad 2001.9 7. All the cited articles refer to the dutch Civil Code unless otherwise stated 8. See Maxwell, NG Openng Civil Marriages to Same-Gender Couples: A Netherlands- United tates Comparison, Electronic Journal of comparative Law, 9. Is a civil status registrar allowed to refuse to register a marriage between two persons of the same sex Intemational Survey of famly Law(2002), to bepublished 10.Intotal82,819marriagesSeeCentraalBureauvoordestatistiekhttp://statline.cbs.nl 54
ANTOKOLSKAIA/BOELE-WOELKI 54 From the 1st of April 2001 homosexual and heterosexual couples wanting to formalise a relationship can choose between three options: civil marriage, registered partnership or a cohabitation agreement. The last mentioned only has legal consequences for the parties who have signed it and only covers those issues, which the parties themselves want it to cover. The cohabitation agreement has to be legally drawn up by a notary. Apart from these formalised relationships more than 1.4 million couples are living together without any formalisation of their relationship.3 The law does not Regulate these cohabitations and consequently there is enormous uncertainty about the rights and obligations of the partners especially if the cohabitation should end. Recently, it has been convincingly advocated that the Dutch legislator, like the situation in Sweden and New Zealand, should take action with regard to these relationships, which in relation to 7 million married couples are quite numerous and the numbers are even still increasing.4 1.1 Marriage The Act Opening Marriage to Same-Sex Couples of 21 December 20005 entered into force on 1st April 2001.6 Article 1:30,7 which used to determine that a marriage could only be concluded between a man and a woman, contains the most important change. It now states in its first section that two persons of the opposite sex or two persons of the same sex may conclude a marriage. 8 The world première of such a same-sex marriage took place in Amsterdam. Just after midnight the mayor, who in his former capacity as the State Secretary of Justice had been advocating the Act in Parliament, concluded the first four marriages between same-sex partners. In 2001, in total 2,387 same-sex marriages were concluded between 1,325 male couples and 1,062 female couples.9 In most cases, the same-sex couples had previously concluded a registered partnership, which was transformed into a marriage. In addition, it is worth mentioning that more than 82,000 heterosexual marriages were concluded in the same year.10 The first figures on same-sex marriages do not yet allow any far-reaching conclusions. However, the figures on registered partnerships that are shown below, obviously indicate that there is a relationship between the use of both institutions. Which conditions need to be fulfilled to enter into a marriage? To begin with, it is worth stressing that in the Netherlands the principle of a monogamous marriage is still upheld (Art. 1:33). This means that no one in the Netherlands may marry more than one person at the same time and anyone wanting to marry may not already be married 3. See Garssen, J./De Beer, J./Cuyvers, P./De Jong, A. (eds), Samenleven, Nieuwe feiten over relaties en gezinnen (2001). 4. See Schrama, W., Vermogensrecht voor ongehuwde samenlevers (2000). 5. See extensively on the preparation of the Act and the political discussions, Forder, C., ‘To marry or not to marry: That is the question’, Bainham, A., (ed), The International Survey of Family Law (2001), p. 301-320. 6. Staatsblad 2001, 9. 7. All the cited articles refer to the Dutch Civil Code unless otherwise stated. 8. See Maxwell, N.G., ‘Opening Civil Marriages to Same-Gender Couples: A Netherlands - United States Comparison’, Electronic Journal of Comparative Law, http://law.kub.nl/ejcl/43/art43-1.html. 9. Is a civil status registrar allowed to refuse to register a marriage between two persons of the same sex on the grounds of personal conscience? See on this question Schrama, W., ‘Reforms in Dutch Family Law During the Course of 2001: Increased Pluriformity and Complexity’, Bainham, A., (ed), The International Survey of Family Law (2002), to be published. 10. In total 82,819 marriages. See Centraal Bureau voor de Statistiek, http://statline.cbs.nl
DUTCH FAMILY LAWIN THE 2 IST CENTUR or be party to a registered partnership with a person other than the future spouse(Art 1: 42). During the discussions on the opening of marriage to same-sex couples wever, opponents sarcastically questioned whether a special form of polygamous marriage, where three or four persons are maried with each other at the same time would probably be the next step. In fact it remains to be seen whether the Dutch Govemment will create legal relationships a la carte. On the other hand, if merely five years ago someone would have prophesied that two men or two women would be allowed to enter into a marriage almost everyone would have thought that this idea was completely utopian. In addition to the requirement of monogamy anyone wanting marry must years of age 1)2 and with regard to consanguinity a marriage is not allowed between parents and children, grandparents and grandchildren or brothers and sisters(Art. 1: 41, 1).13 In case both partners are non-Dutch nationals and living abroad, they may not marry in the Netherlands. They are only allowed to do so if (1)at least one of them is resident in the Netherlands; (2)one of them is a Dutch national if both partners live outside the Netherlands or(3)if both partners live in the Netherlands when neither of them is a Dutch national Marria ges may only be blessed in church after the civil ceremony has taken place(Art 68). Article 449 of the Penal Code determines that contravening this rule is a criminal offence. 4 Recently, the Second Chamber's Standing Commission for Legal ffairs tabled questions to the State Secretary of Justice in order to clarify the relationship between civil and religious mariages. The tenor of the answers is easily predictable. Religious marriages are not allowed to take place before a civil marriage Civil re gistration is the only re gistration which guarantees the certa inty and consistency of the lw. Therefore, also in the future no competence will be granted to religious institutions in this respect. The consequences of marriage between two men or two women are much the same as those of a marria ge between a man and a woman There is no difference with re gard to the law regulating the surname of the spouses, 16 ma intenance, 17 general community of property, 8 pensions, legal transactions, 20 inheritance and relationship by marriage. 21 I1.See Nuytinck, AJM, De Wet openstw.a. V an Mourik(2000),p.213.22 personen van hetzelfde 12. Exceptions are possble, and it s up to the Minister of Justice to decide. Minors between 16 and 18 refused, the minor may apply to the sub-district court for permission(Art. 1: 36p 35).If permission s ears of age can only marry with their parents'or guard ian's permiss ion(Art 13. Brothers and sisters who arerelated through adoption may apply to the Minister of Justice foran exemption fromthis rule(Art. 1: 412) 4. The last two cases in this respect date from 1993. 16. Spouses may use each other's sumame, in combination with or nstead of their own. This does not 17 Pply to official documents, in which their own name alwayshas to beused 17. Married couples areobliged to do what is within their means to support each other. In principle, the each have to contribute to the costs of running the household 18. See section 3 of this report 19. Anyone who contributes t a pension scheme builds up entitlements to a retirement or dependants'pension. The entitlements, which have built up, to a retirement pension d marriage have t be divided between the partners in the event of a divorce Married couples their own arrangements. The surviving dependants' pension accrues to the surviv ng partner on the death ofhis/her spouse 20. In certain cases, such as the sale of the matrimonial home or the conclusion of a hire purchase agreement, marred couples must have each others pemssion before they can enter nto obligations or take decisions
DUTCH FAMILY LAW IN THE 21ST CENTURY 55 or be party to a registered partnership with a person other than the future spouse (Art. 1:42). During the discussions on the opening of marriage to same-sex couples, however, opponents sarcastically questioned whether a special form of polygamous marriage, where three or four persons are married with each other at the same time, would probably be the next step.11 In fact it remains to be seen whether the Dutch Government will create legal relationships à la carte. On the other hand, if merely five years ago someone would have prophesied that two men or two women would be allowed to enter into a marriage almost everyone would have thought that this idea was completely utopian. In addition to the requirement of monogamy anyone wanting to marry must be 18 years of age or older (Art. 1:31) 12 and with regard to consanguinity a marriage is not allowed between parents and children, grandparents and grandchildren or brothers and sisters (Art. 1:41,1).13 In case both partners are non-Dutch nationals and living abroad, they may not marry in the Netherlands. They are only allowed to do so if (1) at least one of them is resident in the Netherlands; (2) one of them is a Dutch national if both partners live outside the Netherlands or (3) if both partners live in the Netherlands when neither of them is a Dutch national. Marriages may only be blessed in church after the civil ceremony has taken place (Art. 1:68). Article 449 of the Penal Code determines that contravening this rule is a criminal offence.14 Recently, the Second Chamber’s Standing Commission for Legal Affairs tabled questions to the State Secretary of Justice in order to clarify the relationship between civil and religious marriages. The tenor of the answers is easily predictable. Religious marriages are not allowed to take place before a civil marriage. Civil registration is the only registration, which guarantees the certainty and consistency of the law. Therefore, also in the future no competence will be granted to religious institutions in this respect.15 The consequences of marriage between two men or two women are much the same as those of a marriage between a man and a woman. There is no difference with regard to the law regulating the surname of the spouses,16 maintenance,17 general community of property,18 pensions,19 legal transactions,20 inheritance and relationship by marriage.21 11. See Nuytinck, A.J.M., ‘De Wet openstelling huwelijk en de Wet adoptie door personen van hetzelfde geslacht’, Yin-Yang, Liber amicorum M.J.A. Van Mourik (2000), p. 213-222. 12. Exceptions are possible, and it is up to the Minister of Justice to decide. Minors between 16 and 18 years of age can only marry with their parents’ or guardian’s permission (Art 1:35). If permission is refused, the minor may apply to the sub-district court for permission (Art. 1:36). 13. Brothers and sisters who are related through adoption may apply to the Minister of Justice for an exemption from this rule (Art. 1:41,2). 14. The last two cases in this respect date from 1993. 15. Second Chamber 2001/2002, 28078, no.2. 16. Spouses may use each other’s surname, in combination with or instead of their own. This does not apply to official documents, in which their own name always has to be used. 17. Married couples are obliged to do what is within their means to support each other. In principle, they each have to contribute to the costs of running the household. 18. See section 3 of this report. 19. Anyone who contributes to a pension scheme builds up entitlements to a retirement or surviving dependants’ pension. The entitlements, which have built up, to a retirement pension during the marriage have to be divided between the partners in the event of a divorce. Married couples can make their own arrangements. The surviving dependants’ pension accrues to the surviving partner on the death of his/her spouse. 20. In certain cases, such as the sale of the matrimonial home or the conclusion of a hire purchase agreement, married couples must have each other’s permission before they can enter into obligations or take decisions
ANTOKOLSKAIA/BOELE-WOELKI The major differences between a heterosexual and a homosexual marriage however relate to children 22 It has be mariages between homosexual or heterosexual couples are largely similar. The ru les for entering into, concluding and dissolving marriage 23 are the same, as are partners'obligations to each other. However, ' marmiage'in Article 28 of the Dutch Constitution, which concerns the marriage of the king or queen, is still interpreted as referring exclusively to a marriage between a man and a woman. The different concepts of constitutional law and civil law have been intensively discussed. 24 Accord ing to the Govemment,the nature of a hereditary monarchy cannot be reconciled with a same-sex marriage, which can never lead to the natural birth of children. Therefore, the king queen or a potential the throne has no right to marry a partner of the same sex. 25 2 Registered partnership Three years before the Act Opening Marriage to Same-Sex Couple a new institution was introduced into Dutch family law. 0 On 1st January 1998, the Act on Registered Partnerships came into force. Since that date, two persons can enter into a registered partnership, their sex being irrelevant (Art. 1: 80a/3). To put it concisely, the registered partnership hardly differs from the marriage. The substantive conditions, the formalities, the conclusion, the ceremony, the annulment and the proof of a registered partnership are governed by rules equivalent to those concerning marriage. In fact, a registered partnership has the same effect as a marriage. Effects of marriage'is to be understood in the strict sense, that is to say excluding divorce. 8In addition to this difference the registered partnership creates no relationship of filiation between the child of one partner and the other partner. 29 21. Through marriage, couples enter into a relationship with the members of their spouse s family 22. These differences arediscussed in section 4 ofthis report 23. See section 2 of this report 24. First Chamber 15670 Rechtsstellung gleichgeschlechtlicher Lebensgemeinschaften(2000). 51-112 27. Act of 17th December 1997. Staatsblad 660 28. See section 2. 1 ofthis report
ANTOKOLSKAIA/BOELE-WOELKI 56 The major differences between a heterosexual and a homosexual marriage, however, relate to children.22 It has become clear from the brief description above that in principle marriages between homosexual or heterosexual couples are largely similar. The rules for entering into, concluding and dissolving marriage23 are the same, as are partners’ obligations to each other. However, ‘marriage’ in Article 28 of the Dutch Constitution, which concerns the marriage of the king or queen, is still interpreted as referring exclusively to a marriage between a man and a woman. The different concepts of constitutional law and civil law have been intensively discussed. 24 According to the Government, the nature of a hereditary monarchy cannot be reconciled with a same-sex marriage, which can never lead to the natural birth of children. Therefore, the king, queen or a potential successor to the throne has no right to marry a partner of the same sex.25 1.2 Registered partnership Three years before the Act Opening Marriage to Same-Sex Couples entered into force a new institution was introduced into Dutch family law. 26 On 1st January 1998, the Act on Registered Partnerships came into force.27 Since that date, two persons can enter into a registered partnership, their sex being irrelevant (Art. 1:80a/3). To put it concisely, the registered partnership hardly differs from the marriage. The substantive conditions, the formalities, the conclusion, the ceremony, the annulment and the proof of a registered partnership are governed by rules equivalent to those concerning marriage. In fact, a registered partnership has the same effect as a marriage. ‘Effects of marriage’ is to be understood in the strict sense, that is to say excluding divorce. 28 In addition to this difference the registered partnership creates no relationship of filiation between the child of one partner and the other partner.29 21. Through marriage, couples enter into a relationship with the members of their spouse’s family. 22. These differences are discussed in section 4 of this report. 23. See section 2 of this report. 24. First Chamber 15670. 25. First Chamber 15659 and 15671. 26. See Boele-Woelki, K./Schrama, W., ‘Die Rechtsstellung von Menschen mit homosexueller Veranlagung im niederländischen Recht’, Basedow, J./Hopt, K.J./Kötz, H./Dopffel, P., Die Rechtsstellung gleichgeschlechtlicher Lebensgemeinschaften (2000), p. 51-112. 27. Act of 17th December 1997, Staatsblad 660. 28. See section 2.1 of this report. 29. See section 4 of this report
DUTCH FAMILY LAWIN THE 2 IST CENTUR M-M 口MW 1000 500 2000 2001 Registered partnerships concluded betveen 1998 and 200130 The figures above show that the registered partnership has considerably lost its a ttractiveness for same-sex partners whereas the number of registered partnerships between opposite-sex partners spectacularly increased. The remarka ble reduction of the number of same-sex partnerships is certa inly interrelated with the opening of marriage for these couples since 1st April 2001. On the other hand, the increase in different-sex partnerships in 2001 is more difficult to explain. Why should persons of different sex wish to enter into a registered partnership? Why opt for this inst itution when it can more or less be considered akin to maria ge? Apart from the fact that a sociological study is urgently needed, there are three possible explanations: Firstly, by now the registered partnership has become more known to those couples who think that marriage is the only possibility by which to formalise their relationship. In addition, the joint custody of children born within a registered partnership, which was troduced on Ist January 2002, is probably a welcome prospect. Secondly, the cause may also be found in a degree of reticence towards the symbolic meaning of marriage and probably towards the effects of marriage as regards filiations. Thirdly, and in the view of the pertinent authors this reasoning is the most likely, the increase can be explained by the phenomenon of the so-called "lightning-divorces'flitsscheidingen) It was never the intention of the Government, however, to create a simplified divorce but since the entry into force of the Act Opening Marriage to Same-Sex Couples an 1 Bureau voor de statistiek, op cit. (note 10). Period1998199920002001Total M-M168689 815 3373735 W-W1324 785 288 3261 M-W 6161495132226917124 Total462632562922331614120
DUTCH FAMILY LAW IN THE 21ST CENTURY 57 0 500 1000 1500 2000 2500 3000 1998 1999 2000 2001 M - M W-W M-W Registered partnerships concluded between 1998 and 200130 The figures above show that the registered partnership has considerably lost its attractiveness for same-sex partners whereas the number of registered partnerships between opposite-sex partners spectacularly increased. The remarkable reduction of the number of same-sex partnerships is certainly interrelated with the opening of marriage for these couples since 1st April 2001. On the other hand, the increase in different-sex partnerships in 2001 is more difficult to explain. Why should persons of different sex wish to enter into a registered partnership? Why opt for this institution when it can more or less be considered akin to marriage? Apart from the fact that a sociological study is urgently needed, there are three possible explanations: Firstly, by now the registered partnership has become more known to those couples who think that marriage is the only possibility by which to formalise their relationship. In addition, the joint custody of children born within a registered partnership, which was introduced on 1st January 2002, is probably a welcome prospect. Secondly, the cause may also be found in a degree of reticence towards the symbolic meaning of marriage and probably towards the effects of marriage as regards filiations. Thirdly, and in the view of the pertinent authors this reasoning is the most likely, the increase can be explained by the phenomenon of the so-called ‘lightning-divorces’ (flitsscheidingen). It was never the intention of the Government, however, to create a simplified divorce but since the entry into force of the Act Opening Marriage to Same-Sex Couples an 30 See Centraal Bureau voor de Statistiek, op.cit. (note 10). Period 1998 1999 2000 2001 Total M – M 1686 897 815 337 3735 W – W 1324 864 785 288 3261 M – W 1616 1495 1322 2691 7124 Total 4626 3256 2922 3316 14120