Marriage formalities in France

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Civil marriage seals the legal union between two people. Although it is an act of love, it is a legal act that governs the organization of the spouses' life together and entails certain rights and obligations, conditions and formalities, as well as certain benefits.

Couples have two options: the common law regime, also known as "reduced to acquisitions," or a contractual matrimonial regime such as universal community, separation of property, or participation in acquisitions. However, it can be modified after the marriage.

This is in accordance with the law of September 20, 1792 on secularism, that republican marriage was established, an institution independent of any religious ceremony, which could only take place once the civil marriage had been pronounced. Thus, according to this law, unions must be contracted before the municipal officer responsible for keeping the civil register and can be terminated by divorce or the death of one of the spouses.

Throughout this section, taken from the article "The world of marriage," we will explore in detail the legal foundations of marriage, the conditions for getting married, the preparation of the file, and the publication of the banns.

SUMMARY:

1. Requirements for getting married
2. Wedding venue
3. Date of marriage
4. Choosing your witnesses
5. Preparation and submission of the application
6. Publication of banns and opposition to marriage

Requirements for getting married

In France, certain conditions must be met in order to get married:

• be of legal age
• not be related to your future spouse
• not already be married, either under French law or under foreign law
• give your free and informed consent to the marriage.

However, each future spouse may already be bound by a civil partnership, whether or not it was entered into with the other future spouse, in order to be able to marry.

Since the law on "marriage for all" law of May 17, 2013, same-sex couples have been able to get married.

In the specific case where both spouses are of the same sex, they may marry if the personal law of one of them or the law of the state where they reside allows it. Furthermore, in order for it to be considered valid, it must be celebrated in accordance with the formalities provided for by the law of the state where the celebration took place.

Wedding venue

The marriage can only be celebrated in a municipality with which you have a connection. You can therefore get married:

• in your municipality of residence
• in the municipality of residence of at least one of the two spouses
• in the municipality of residence of at least one of your parents
• in the municipality of residence of at least one of your spouse's parents

Civil marriages can be held at the town hall or in any other municipal building located within the municipality. If you wish to get married elsewhere, such as on the beach, for example, you will need special permission from the mayor.

In all cases, you and your witnesses will be required to sign the registers at the town hall.

For marriages concluded abroad, the spouses must go to the French embassy or consulate in the country in question.

Date of marriage

To reserve your wedding date, you must go to the town hall of the municipality where you wish to get married to pick up a file and reserve the date of your choice for the wedding.

Please note that this must be done in conjunction with booking your reception venue.

Weddings are generally held on Saturdays but can be held any day of the week except Sundays and public holidays, unless special permission is granted by the mayor.

However, it is essential to have a civil marriage before you can have a religious marriage. The civil ceremony can take place months or weeks before the religious marriage, or even just before.

You will need to present a civil marriage certificate to your place of worship in order to get married in a religious ceremony.

Choosing your witnesses

The law requires a minimum of one witness per future spouse and a maximum of two per spouse.

There are no rules for choosing witnesses. They can be family members or not, but they must be at least 18 years old and present on the big day. Their role is to be witnesses to the marriage (not spouses).

Their names must be registered at the town hall at the same time as the marriage application. All they need to do is fill out a form, in accordance with Articles 37, 63, and 75 of the Civil Code, indicating their surname, first names, date and place of birth, profession, and address, and provide a copy of their identity document.

Preparation and submission of the application

It is advisable to submit the completed application to the town hall approximately 2 to 3 months before the wedding date.

Here is a list of the documents to be provided for the application:

• The original and a photocopy of each future spouse's identity document. Depending on your situation, this document may be an identity card, passport, driver's license, resident card, residence permit, or any other document with a photograph issued by a public authority.
• Proof of address or residence dated more than one month ago. Please note that phone bills and bank account details are not accepted.
• Information about each witness (full name, date and place of birth, address, and occupation) + photocopies of their identity documents.
• A full copy of the birth certificates of the future spouses, dated less than 3 months ago or less than 6 months ago if issued by an overseas department or territory or by a consulate. The birth certificate is not necessary if one of the future spouses was born in the municipality where the marriage is taking place.
• The notary's certificate if you have entered into a marriage contract
• A sworn statement of single status
• If one of the future spouses is divorced: you must provide proof of dissolution of the marriage, such as a copy of the divorce decree.
• If one of the future spouses is widowed: you must provide the death certificate of your spouse.

If one of the future spouses is a foreign national, additional documents must be provided:

• A birth certificate (full copy or multilingual extract) issued by the authorities of the place of birth. It must be translated into French or be multilingual. It must also be legalized or apostilled. Translations must be done either by a sworn expert in France or by the French consular authorities in the country of birth. They must be dated less than 6 months prior to the date of submission of the application. Proof of identity of the translator must also be provided.
• A certificate of custom provided by the country's embassy in France or consulate. This document specifies the foreign rules applicable to marriage, proves civil status, and proves that the person is not already married.

If the country of origin does not issue a certificate of custom, a certificate provided by the competent authorities of the foreign country must be provided as a substitute. This must be supplemented by a certificate drawn up by a lawyer or legal expert specifying the rules applicable to marriage in the country of origin.

If this is not possible, then a sworn statement must be provided indicating that the person is of legal age, single, and legally competent.

A certificate of single status (or capacity to marry) is required when the country of origin cannot provide up-to-date documents. It is usually provided by the country's embassy or consulate in France.

Once the file has been compiled, the two future spouses must go in person to the town hall of the chosen municipality, with their identity documents, to submit the marriage file.

The registrar may request to interview the future spouses, either together or separately, when there are doubts about the consent of one spouse or the validity of the marriage.

Once the file has been approved, the marriage is announced by the publication of the banns. A few days later, your civil wedding ceremony will take place.

Publication of banns and opposition to marriage

The purpose of publishing banns is primarily to inform everyone of the planned union between two people, thereby allowing any potential opponents to come forward before the marriage is celebrated.

These notices are posted on the door of the town hall of the municipality where the marriage will take place, as well as on the town halls of the respective places of residence of the future spouses, by the registrar, during a mandatory period of 10 days prior to the celebration of the marriage.

If one of the future spouses resides outside France, the banns are published either at the consulate or at the French embassy in the foreign country concerned. Please note that if the publication of banns is mandatory in the country of residence of the future spouse, the registrar must inquire about the deadlines to be met, as these may vary from one country to another.

They contain the following information:

• First names, last names, occupations, and addresses of each of you
• Place where the marriage is to be celebrated

If an objection to the union is lodged, a procedure to lift the objection must be initiated before the ceremony can take place. In practice, only certain individuals may object to a marriage after the banns have been published:

• the Public Prosecutor's Office, following the opening of a case on suspicion of nullity;
• the husband or wife of one of the future spouses, who objects to this new union because the previous union is still in force;
• the parents of the bride and groom, for any reason;
• the parents of a minor spouse or spouses, if they have not consented to the union.

Opposition to the marriage is made by bailiff, addressed to both the future spouses and the mayor of the municipality where the marriage is to be celebrated. Upon receipt of this opposition, the future spouses must apply to the district court of their place of residence and request that the opposition be lifted. The judge hearing the case must rule within 10 days of the case being brought before him.

In conclusion, the formalities of marriage in France reflect the delicate fusion of romantic love and legal obligations. Through specific conditions, administrative procedures, and the diversity of matrimonial regimes, civil marriage becomes much more than a symbolic ceremony. It constitutes a legal pact governing the spouses' life together, defining rights and duties.

We invite you to check out the other sections of this blog related to theworld of weddings , including the 10 first steps to start your wedding to learn more about all aspects of wedding planning.

And if you would like to talk to us about your plans to take care of all the administrative aspects of your wedding, our team of wedding planners is at your disposal to help you organize the most beautiful day of your life.

See you soon,

XOXO,

Vanessa