5 March 2026
On 5 January 2026, the Court of Overijssel declared a marriage null and void because the speech delivered during the marriage ceremony did not comply with the requirements of the Dutch Civil Code (ECLI:NL:RBOVE:2026:23). Notably, the speech had been prepared with the assistance of ChatGPT.
This ruling demonstrates that the use of artificial intelligence in formal legal ceremonies may have far-reaching legal consequences.
In 2025, a couple asked an acquaintance to solemnise their marriage as a “one-day civil registrar” (buitengewoon ambtenaar van de burgerlijke stand voor één dag). Wishing to keep the ceremony light-hearted and informal. The one-day registrar drafted the wedding speech using ChatGPT.
Subsequently, the Public Prosecution Service (Openbaar Ministerie) received a notification from the municipality that there might be grounds to consider the marriage legally invalid. Based on the information provided, the Public Prosecution Service concluded that a judicial ruling was required.
Under Dutch law, strict formal requirements apply to the conclusion of a valid marriage. Article 1:67(1) of the Dutch Civil Code (Burgerlijk Wetboek) provides that, during the marriage ceremony, both spouses must, in the presence of a civil registrar and witnesses, declare that they accept one another as spouses and that they will faithfully comply with the legal obligations arising from marriage.
One of the obligations to which article 1:67 refers is laid down in article 1:81 of the Dutch Civil Code, which provides that spouses owe each other mutual fidelity, assistance and care. The obligation of the mutual duty of care, forms the foundation of the marital relationship and has implications across various areas of law, including matrimonial property, maintenance obligations and inheritance law.
The court decided in this case, that the wording and structure of the speech did not sufficiently reflect the mandatory declarations. As a result, the statutory requirements were not met and no valid marriage had been concluded.
The absence of a legally valid marriage can have significant and far-reaching consequences, particularly in the areas of matrimonial property law and inheritance law. The implications may affect ownership of assets, pension rights, succession and other legal entitlements that can arise from marriage.
Although many couples understandably focus on the location, attire, and atmosphere of their wedding day, this judgment underscores the importance of the legal dimension of marriage. Creative elements in a ceremony must never compromise compliance with mandatory legal requirements.
Would you like to gain clarity on your legal position in the event of a divorce and the legal consequences involved? GMW Advocaten has specialised lawyers in family law and inheritance law who are available to provide expert legal advice. Please feel free to contact us.
