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Civil Marriages in France

There are three very important points to understand about having a legal civil wedding in France before you read any further.

  1. Religious weddings in France are not legal ceremonies and this is the case no matter what your nationality or residency.
  2. A religious ceremony can only be performed after a civil wedding legally recognised in France has taken place. The celebrant will require proof of a legal civil marriage, either in France or elsewhere.
  3. For a civil wedding there is an effective residency requirement of 40 days. This will not be waived.

The complexity of the paperwork and the absolute requirement for residency is commonly a deal-breaker for overseas couples planning to hold their legal marriage in France. Most overseas couples marry in their own country first, then hold a religious ceremony in France.

However we provide information below on the procedure for holding a legal marriage in France for those brave enough to take it all on!

Civil Wedding Locations

A civil wedding in France can only take place in the Mairie. It is not possible to have a civil wedding outdoors, in a hotel or château or at any other location.

Residency Requirements

You will find information that states anything from 30-60 days as being the residency requirement for a civil marriage in France. In fact it is 40 days, made up of two different periods:

Neither period can be waived or shortened.

Note that while only one party to the marriage needs to complete the residency, some other documents require the attendance of both parties in person at the local Mairie, so both will effectively need to be in France at least 2 weeks before the wedding.

Establishing Residency

In order to be allowed to post Banns you will be required to provide proof of domicile (justificatifs de domicile). This  means at least 2 documents proving residence in the local area for the required period of 30 days.

In the case of French residents or citizens they are usually utility bills, rent receipts or home insurance documents. In the case of foreign nationals getting two documents can be tricky. One will obviously be a receipt for rent or hotel charges or a formal declaration from the place you are staying to the effect that you have been continually resident. A second might be a car rental agreement. In some cases a sworn affidavit will be required.

It is wise to contact the local Mairie well in advance of the wedding to establish what proofs they will require and accept. They will provide you with a detailed booklet, in French, explaining all requirements and are usually very helpful in coming to an agreement on what documentation will be accepted.

Publishing Banns

Banns are essentially a public announcement of your intention to marry at a particular Mairie.

They can only be published once you have completed all residency, certification and other legal requirements and must be published at least 10 days before the wedding.

Required Documentation

France probably requires more documentation than any other country for foreign nationals planning a legal civil marriage there. It's a bit of a minefield. There are a couple of very important points to note before we get on to details about the various documents required.

1. Documents MUST be in French

French translations of documentation will be required. This must to be carried out by a "Sworn Translator" or an approved translator. There is a list of these available at any Mairie and a list of sworn translators is available from your nearest French Embassy.

2. Both Parties must attend the Mairie

Some documents will require the attendance of both partners to the marriage in person at the local Mairie. Thus while only one person has to complete the residency, for practical purposes both will need to be in France 2 weeks before the wedding.

Documentation List

We have provided French translations for document names as an aide to reconciling them with the information booklet you will receive from the Mairie in the area of your wedding.

Valid passports (Carte de Sejour)

Birth Certificates (Extrait d'Acte de Naissance)

The copies of the birth certificates should be less than 3 months old. Some city halls require an apostille on the birth certificate,

Affidavit of Law & Customs (Certificat de Coutume)

This is essentially a Certificate of No Impediment, but must certify not only that the parties to the marriage are free to contract marriage in France but that the marriage will be recognised in their home country.

Generally this is an integral part of such a certificate already.

Certificate of Celibacy

Attestation tenant lieu de declaration en vue de mariage ou de non-remariage

Also known as a "certificate of non-impediment" and not as tricky as it sounds! It certifies your freedom to marry and usually takes the form of a sworn and witnessed statement signed by a lawyer or an official of the Mairie in the town where you are establishing residency.

Note: Not all Mairies will require this once a Certificat de Coutume is provided, since it essentially covers the same ground. Some have different regulations about the form it must take so it is essential to check what is required with the Mairie where you will marry.

This certificate must be no more than 3 months old when it is submitted.

Medical Certificate (Certificat Médical Prénuptial)

This certificate can be provided by any qualified doctor licensed to practice in France.

There are a number of blood tests required and as results may take some time to return, the medical examination should be scheduled well in advance of the date for submission of documents. The certificate must be less than two months old when submitted.

The standard tests carried out are:

Some areas additionally require that a test for AIDS be included.

Proofs of Domicile (Justificatifs de Domicile)

At least two documents proving residence in the commune for a minimum of 30 days prior to publishing the Banns.

Decree Absolute

If either party to the marriage is divorced a translated copy of the Decree Absolute along with the original must be submitted.

Death Cert of Previous Spouse

If either party to the marriage is widowed a translated copy of the Death Certificate of the deceased spouse along with the original must be submitted.

Age Requirements

The minimum age for persons entering a legal marriage in France is 18 years for males and 15 for females. Those under 18 will require written and certified consent from their parents or guardians.

Additional Points about French Marriage

There are some aspects of marriage and weddings in France that are quite different from Irish weddings and are worth pointing out here.

The Livret de Famille

The Livret de Famille (or Book of the Family) is an official document issued to all newly married couples after their civil wedding ceremony. It records the marriage and has space to later add events such as births, deaths, divorce or name changes.

Marriage Certificates

Note that the Livret de Famille is not a marriage certificate and has no legal status. A marriage certificate (Extrait d'Acte de Marriage) is not automatically issued, you will need to apply for one in writing to the Mairie where the marriage took place.

You need this certificate in order to have legal proof of your marriage on your return home.

Communauté Réduite aux Acquets

In France, unless there has been a legal affidavit to the contrary, all civil marriages take place under the "communauté réduite aux acquets".

What this means is that legally each party to the marriage continues after the marriage to own any property or possessions they owned personally before the marriage and any property that they subsequently inherit. Only property acquired during the marriage is owned equally by both partners.

It is possible to have a legal pre-nuptial agreement which will override this. The agreement must be drawn up by a lawyer (notaire) who will then provide a Certificat du Notaire containing whatever has been agreed between the partners to the marriage. This must be submitted to the Mairie at the time of making application to marry and must have been drawn up no more than 2 months prior to the marriage.