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Getting Married in France
by Grace Turner
Published: 24-Jul-2007


Marriage - Getting married in France France has specific laws concerning marriage, which must be adhered to by both French citizens and foreign nationals. A marriage in France is recognised as valid in most other countries. French law recognises only the civil marriage. This must be performed by a French Civil Authority (officier de l'état civil), which includes the mayor (maire), his legally authorised replacement - the deputy mayor (adjoint) or a city councillor (conseiller municipal).

Religious ceremonies are optional, have no legal status and may only be held after the civil ceremony has taken place (which can, but need not be, on the same day.)

How to get married in France:

One of the marrying parties must have been resident in a commune in France for a minimum of 40 consecutive days prior to the civil marriage. The civil marriage must take place in that commune. If both parties have been resident for over 30 days in different communes (40 days less 10 day period for publication of Banns), the application for the civil marriage may be made to the mairie (Town Hall) of either commune.
The mairie will provide (in French) an explanatory brochure about the documents and certificates to be provided. In all cases only original documents or authenticated photocopies will be accepted. Documents should be translated by a sworn translator (traducteur assermenté). (Names of sworn translators are available from the mairie.)
French law requires the publication of Banns at the mairie of the commune of residence 10 days prior to the civil marriage. Certain documents must be received and approved by the mairie before Banns may be posted. A mairie may require a complete marriage file 10 or more days prior to the publication of Banns. Confirm these requirements with the relevant mairie.
A religious ceremony may only be performed after the civil ceremony. The minister, priest or rabbi will require the certificate of civil marriage (certificat de célébration civile) as proof that the civil ceremony has taken place.
Note: It is advisable to contact the relevant mairie for a full list of required documents. Below is a guideline as to what you may be required to provide.

Documentation required by both parties:
A valid passport or a carte de sejour.
A birth certificate extrait d'acte de naissance less than 3 months old supplied by a bureau of records, not a hospital.
A certificate of "celibacy" (attestation tenant lieu de declaration en vue de mariage ou de non-remariage) less than 3 months old.
A medical certificate (certificat médical prénuptial) less than 3 months old, stating that the individual was examined by a doctor en vue de mariage. This can be provided by any qualified doctor practicing in France.

The tests are: serological tests for syphilis, serological tests to determine blood types and, for women, serological tests for rubella and toxoplasma.
Proof of domicile (justificatifs de domicile). The resident party must supply 2 documents proving residence in the commune, for example an EDF bill, telephone account, rent receipt or residential insurance documents.
If pre-nuptial agreements are to be made, this must be done with a lawyer (notaire) who will provide a certificat du notaire which must be submitted to the mairie. It must have been drawn up no more than 2 months prior to the marriage.

If there are no pre-nuptial contracts, then the parties will be married under the communauté réduite aux acquets. This means that what each party owns personally before the marriage, or whatever comes to them afterwards through inheritance, remains their property. Only that which is acquired during the marriage is owned equally by both parties.
In the case of previous marriages the parties must provide a certified copy of the death certificate of the deceased spouse or a certified copy of the final divorce decree.
A child born prior to the marriage may be legitimised. The town hall must be notified and a copy of the birth certificate provided (in particular indicating the fact of recognition).
Foreign Nationals may be required to provide an Affidavit of Law (certificat de coutume) and an Affidavit of Marital Status. These statements concern marriage laws in the foreigners home country and are required to certify that the party may, under law of their country, be married. The relevant Embassy will have documents, available at a fee.

The Civil Ceremony:
The marriage must be conducted in the presence of at least two and at most four adult witnesses.
The livret de famille is an official document issued after the ceremony. It is a record of the marriage and will include subsequent events including births, deaths, divorce or name changes. It is possible to obtain a marriage certificate (extrait d'acte de marriage) by writing to the "mairie" where the marriage took place.

You must indicate the date and place of the marriage and the full names (including maiden name) of the two parties.

www.french-property-group.com

About the Author
Grace Turner is a Director of www.frenchways.com. The company specialise in selling property in Europe.

Other articles by Grace Turner if available

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