Marital captivity: what can you do if a religious divorce is refused?

23 September 2026

Arslan Advocaten

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Marital captivity: what can you do if a religious divorce is refused?

Are you divorced under civil law, but still bound against your will by a religious or belief-based union? Or, after a purely religious union, does your partner refuse the cooperation needed to end it? Article 1:68(2) of the Dutch Civil Code (BW) may then provide a legal basis for demanding cooperation. The specific acts required, the consequences of the refusal and the interests of both parties must be examined. A Dutch court can, under certain conditions, order cooperation, but in doing so it does not automatically carry out the religious dissolution itself. Start with a safe and complete file.

Nederlands: Lees dit artikel in het Nederlands: Huwelijkse gevangenschap: wat kunt u doen als religieuze scheiding wordt geweigerd?

Türkçe: Bu makaleyi Türkçe okuyun: Evlilik tutsaklığı: dinî boşanma reddedilirse ne yapabilirsiniz?

Written by Öznur Batur, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for personal and family law and criminal law. Last updated: 19 September 2026. General information is not legal advice about your own situation.

What is meant by marital captivity?

Marital captivity usually means that someone wants to end a marriage or religious union but remains bound by it against their will. This can happen because the other partner refuses to perform a necessary act. The consequences can be personal, social, religious or legal. Sometimes the civil divorce has already been completed, while the religious bond continues to exist.

Not every difficult separation falls into exactly the same legal category. A missing foreign registration, a refused religious declaration and pressure from one’s community can have different causes. The first step is therefore to establish which bond still exists and what is needed to end it. A lawyer needs to know which specific cooperation is being sought. Without that distinction, proceedings may be directed at the wrong person, act or authority.

Distinguishing civil, foreign and religious marriages

A civil marriage is dissolved through the statutory route that applies to it. A legally valid foreign marriage can be recognised in the Netherlands, but a Dutch divorce may require additional processing in the other country. A purely religious union may, in turn, have its own act of termination. These routes can exist side by side.

So ask which official marriage certificate is available, where the marriage was concluded and whether a Dutch divorce has already been registered. Also gather documents about the religious union. The fact that a document has a religious background does not automatically mean that it falls outside civil law. Conversely, not every ceremony automatically makes you married under civil law. The basic explanation can be found under the legal validity of an imam marriage.

What does Article 1:68(2) of the Dutch Civil Code provide?

Since 1 July 2023, Article 1:68(2) BW has contained a statutory rule on cooperating in the dissolution of a religious or belief-based union. At the request of the other party, a party must cooperate, unless this cannot reasonably be required because of compelling interests. The wording therefore calls for an assessment of the specific situation.

The provision is not limited to one religion or to one name for a marriage. It must, however, be clear that the requested act relates to ending the union concerned. The court can examine which cooperation is feasible and which objections have been raised. A general reference to religious conviction, or a dispute about other matters, is not in itself a complete answer to the request. The balancing of interests should be substantiated in the file.

Do you first have to be divorced under civil law?

Which order is necessary or sensible depends on the existing legal relationships and the acts requested. In the case of a civil marriage, the official divorce route must be assessed. In the case of a purely religious union, there is not automatically a civil marriage that must be dissolved first. Proceedings about cooperation should therefore not automatically be equated with ordinary divorce proceedings.

Discuss whether requests can be combined or whether separate civil proceedings are appropriate. International jurisdiction and the applicable law may also be relevant where the parties or authorities are located in different countries. A focused instruction states which ruling is being sought and what still has to happen afterwards. This avoids the mistaken expectation that a single Dutch decision will immediately settle all domestic and foreign consequences.

What specific cooperation can you ask for?

This may involve, for example, appearing before a competent body, signing a declaration or granting a necessary authorisation. Which act is appropriate must be supported by information about the procedure concerned. Where possible, have it confirmed in writing which documents and whose attendance are required, and whether representation is possible.

A claim stating only that the partner ‘must cooperate in everything’ can cause enforcement problems later on. So describe the act, the place or body, the time limit and any alternative options. Also ask what happens if the body requests additional documents. The ruling must be sufficiently specific to allow an assessment of whether it has been complied with. A lawyer can help translate the personal wish to end the union into a legally enforceable request.

What does Dutch case law show?

In 2023, the District Court of Midden-Nederland dealt with a case in which, after a Dutch divorce, cooperation in ending a religious union was sought. The court applied Article 1:68(2) BW and assessed the specific cooperation and the interests involved. The ruling shows that a refusal can be reviewed under civil law.

No standard outcome for every situation may be derived from that decision. The religious and foreign context involved, the documents available and the acts requested were all part of that case. The penalty payment imposed was likewise a decision on those facts, not a general rate. The useful starting point is that the file must make clear which bond continues, which cooperation is lacking and how an order can be carried out in practice. See the 2023 ruling.

What evidence is important?

Keep documents about the union and any civil divorce. Add correspondence showing that you asked for the union to be ended or for cooperation. Your partner’s response may be relevant, as may messages in which conditions are set. Keep complete conversations with their date and context; isolated screenshots can give an incomplete picture.

In addition, describe the consequences you experience. These may include restrictions on a new relationship, problems with travel or registration, social pressure or other concrete circumstances. Distinguish between what you experienced yourself and what someone else told you. A short timeline helps to show how everything fits together. Statements from relevant experts or bodies can be useful, but the court independently assesses their legal significance.

A written request: clear and safe

Where direct contact is responsible, a carefully worded request can make clear what cooperation you require. State the act needed, a reasonable time limit for a response and the practical options. Keep the text businesslike and retain proof of sending and receipt. A lawyer can assess whether such a request is needed and how it fits in with any proceedings.

Direct contact is not advisable in every situation. In cases of threats, stalking or strong dependence, communicating through a lawyer or support worker may be safer. In that case, do not use a standard template that assumes both partners can negotiate freely. Discuss which contact details may be used and who has access to your phone or email. The choice of procedure and the way of communicating must be aligned, so that the legal process does not create unnecessary additional pressure.

Can a penalty payment help?

Under certain conditions, a court can attach a penalty payment (dwangsom) to an order to cooperate. This applies financial pressure to carry out the act ordered. A penalty payment is not automatic compensation and does not have the same amount or form in every case. A maximum may be set, and the precise conditions follow from the ruling.

It is important to be clear about when the obligation takes effect and when non-compliance is established. Service of the ruling, time limits and proof of refusal may be relevant in this respect. It must also be assessed whether the requested act is actually possible. A penalty payment does not in itself solve a problem with a foreign authority. So do not ask only for an incentive to cooperate, but also for a workable plan for the acts that will actually end the union.

What if your partner demands money or a waiver of rights?

Sometimes cooperation is made conditional on repayment of a dower, a waiver of maintenance or agreement to a property arrangement. Those issues must be examined separately from a legal point of view. A dispute about money does not in itself create a right to block all cooperation in ending the union. At the same time, the content of an existing agreement may well require its own assessment.

So do not sign any declaration whose consequences you do not understand. Have it checked whether a text records only a religious act or also ends financial claims. In the case of a dower, the original agreement, the applicable law, whether it is due and any previous payment are important. Read the separate explanation on the dower or mahr on divorce. A settlement must make clear what is being paid, why, and which rights are actually being settled.

Foreign registration may still be required alongside the religious route

An order to cooperate religiously is not automatically the same as recognition of a Dutch divorce in another country. For an official Turkish or Moroccan marriage, registers and foreign procedures may play an independent role. So check whether your civil status has been correctly recorded in both countries.

Ask the competent foreign authority which documents are required and, if necessary, involve a local expert. Record who will follow up the registration and who will request proof that it has been completed. For the country-specific routes, we refer you to divorce after a Turkish marriage and divorce after a Moroccan marriage. The aim is for a civil order, a religious act and an amendment to the register to complement each other where necessary.

Children should not become a means of pressure

Disputes about a religious union may coincide with disagreements about children. Parenthood, parental authority, maintenance and contact, however, have their own rules and interests. An agreement on cooperating in ending the union may not, without a separate assessment, provide that a parent gives up, for example, all contact or any claim to maintenance.

Draw up a factual overview of the care arrangements, existing decisions and any risks. Discuss how communication about the children can continue without the dispute about the union being fought out again each time. If there is a threat of a child being taken abroad, it must be quickly assessed what protection is needed. In that case, do not wait for the religious issue to be resolved. The practical next steps are set out under international child abduction and return.

Costs, duration and prospects of success

The costs depend, among other things, on the procedure, the volume of evidence, translations and any cooperation abroad. Ask for an estimate that distinguishes between lawyer’s fees, court fees and external costs. Discuss whether subsidised legal aid is possible. A general statement about a fixed price can be misleading when it is not yet clear which procedures are needed.

The duration, too, does not depend solely on the Dutch court. Obtaining official documents and carrying out a foreign or religious act can take time. Discuss in advance which step is the biggest bottleneck and which interim solution is needed. An assessment of the prospects should address both the legal basis and practical feasibility. A strong ruling is of limited value if nobody knows how the required act can then take place.

Practical example: a specific request makes the difference

This example is fictitious. A woman is divorced under civil law, but her former partner refuses to sign a declaration that, according to the body concerned, is required for religious termination. She has asked for cooperation several times without receiving a clear answer. At the same time, there is a dispute about an old financial agreement.

The lawyer first maps out the required act and the status of the civil divorce. The body confirms in writing which declaration is needed. The request for cooperation and the money dispute are then assessed separately. In any proceedings, a specific act within a set time limit is requested. This allows the court to review in a targeted way what must happen, instead of having to translate a general conflict about the entire relationship into an enforceable order.

Preparing without losing sight of your safety

Make a timeline, gather the available certificates and write down which cooperation is missing. Also note any upcoming trips, registration deadlines or other urgent events. Keep documents in a place to which you have lawful and safe access. Discuss with the lawyer handling your case which phone number and email address can be used for contact.

In case of immediate danger, emergency help is needed; in the Netherlands, call 112. For the legal route, you can discuss through family law at Arslan which assessment is appropriate. At the intake, mention that it concerns a continuing religious or foreign bond. This helps to involve the right documents and any additional expertise from the outset.

Also check whether the order has actually been carried out

After a ruling, it must be established which acts have been performed. An appointment with a body, a signed declaration and the final confirmation that the union has ended are not necessarily the same thing. Ask for proof of every step and have it assessed whether the outcome meets the order that was sought. If further cooperation turns out to be needed, it must be clear whether the ruling covers it or whether a further response is required.

Also keep information about practical obstacles. A body that returns the wrong document is a different problem from a partner who refuses every act. That difference may be relevant for enforcement and for any penalty payment. The lawyer can help record the facts without immediately characterising every delay as deliberate obstruction. The ultimate goal remains the actual termination and usable confirmation of it, not merely having a Dutch court decision.

Frequently asked questions

Can marital captivity also exist after a Dutch divorce?

Yes, a civil divorce may have been finalised while a religious union or foreign registration still has consequences. It must be examined which bond continues and which specific act is needed to end it.

Does Article 1:68(2) BW apply only to Islamic marriages?

No. The provision covers religious or belief-based unions. Its application depends on the specific union, the request for cooperation and the statutory balancing of interests. The name of the religion is not the only decisive factor.

Can the Dutch court itself pronounce a religious divorce?

A civil order to cooperate is not the same as the religious act of dissolution. Under certain conditions, the court can require specific cooperation. Which follow-up act before a body is still needed must be determined separately.

Will I automatically get a penalty payment if my partner refuses?

No. A penalty payment must be properly requested and assessed by the court. The conditions, amount and any cap depend on the case. The feasibility of the requested act also plays a role.

Do I first have to repay my dower?

That does not automatically follow from a request to end the union. The dower and the duty to cooperate must be examined separately from a legal point of view. Do not sign any declaration of payment or waiver without understanding which claims it settles.

Which documents help most in the initial assessment?

The documents about the union, any civil divorce, requests for cooperation and information about the required act are important. Add a timeline and the specific consequences of the refusal. Report threats or urgent deadlines straight away.