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A guide to getting married in France 14/01/2004 00:00
France is a romantic place – and it offers two different ways of tying the knot, one a full marriage contract and another that represents a legally recognised union, including for same-sex partners.
France offers two different ways in which two people can tie the knot: marriage and an alternative type of civil union. Either way, here's an overview of how to get it done.
Foreigners can marry in France, either with a French spouse or with another foreigner, or they can take part in a more limited, yet nonetheless legally recognised union open to couples of the same or different sex. This is called the Pacte civil de solidarité or, more commonly, le Pacs.
Wedding ceremonies
It is the civil marriage ceremony that establishes a union before the law
All marriages in France must first be performed by a French civil authority before any religious ceremony can take place. The civil ceremony is held in a village, town or city hall, la mairie, in front of the mayor. It is the completion of the civil ceremony that establishes the couple as husband and wife before the law.
The legal age to wed without parents' consent is 18 for men, 15 for women.
The choice of mairie must be that where one or both of the couple to be married declares they have resided for at least one month. The necessary paperwork must be filed with the mairie at least 20 days before the proposed date of the wedding. In certain cases, the mayor may request proof that the participants are not already married; for a foreigner, this may be referred to as a certificat de capacité matrimoniale or a certificat de coutume.
Under French law, marriage banns must be posted at the mairie no less than ten days before the date of the marriage ceremony. The wedding itself can be performed by the mayor, deputy-mayor, or a city councillor.
It is not uncommon to have only the civil ceremony, which is treated with great solemnity and a certain amount of protocol, and guests may be invited to attend. Many mairies even have special wedding rooms that can be 'personalised' for the wedding.
The marriage certificate, acte de mariage, can be obtained from the mairie where the marriage was performed.
If they so choose, the couple may then go on to celebrate a religious ceremony, also quite common. The clergyman performing the ceremony will require a certificate of civil marriage before it can take place.
Couples married in France receive a livret de famille. This is a legal booklet, that records the marriage and subsequent events in the family such as births, deaths, divorce or name changes. It is often required for official purposes, not least to enrol a child at school.
Married women are not obligated to legally change their names; conversely, either spouse can choose to change their names or to use a hyphenated family name.
The PACS
The Pacte civil de solidarité is an alternative legal union in France for both heterosexual and same-sex couples. Such couples are said to be pacsé.
While it falls well short of conferring the legal rights that married spouses enjoy, it confers a legal status that offers both official recognition of the union and a number of rights for both individuals, as well as specifying joint assets
However, le Pacs does not have any legal bearing over questions such as the adoption of children.
The Pacs is established before a local magistrates' court for civil cases, tribunal d'instance. The parties can draw up a document specific to themselves that defines their relationship or concerning financial matters, such as the equal share of household finances. A Pacs can be signed between two unmarried people, regardless of nationality or sex, aged 18 or over.
What you need to marry
- A valid passport or a French residence permit for each spouse
- Declaration of a French home address in that commune (such as a phone or utility bill)
- A birth certificate for each (issued within the prior three months; foreign birth certificates must be translated by an official translator, traducteur assermenté)
- A medical certificate, certificat de l'examen médical prénuptial (issued within the prior three months)
- A certificate, contrat de marriage, by a French solicitor stipulating if the marriage is to include a prenuptial legal contract
- One or two witnesses, témoins, per spouse; if you don't have a witness, a representative of the mairie can stand as your witness
UPDATED September 2006
Copyright Expatica France
Subject: Living in France, Survival Guide, getting married, French weddings, PACS, Pacte civil de solidarité
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