Guidelines to Get Legally Married in France

Step By Step - How to Legally Get Married in France

The team of professionals behind Unique Ceremonies have been specialising in bespoke wedding ceremonies for a diverse international clientele for nearly a decade now. So they know a thing or two about the legalities of officially marrying in France. We asked Magali from Unique Ceremonies to share with us a step by step guide to saying Oui in France.

The legal process of getting married in France is quite complex, particularly for non-residents. Non-residents who do not have a parent living in France require a special Authorisation to get married in the country, and this is very rarely granted. For this reason, most couples decide to get legally married in their country of residence and to do a symbolic ceremony in France.

However, if one of you is French or if you have ties in the country (One of your parents lives in France permanently), the process is lengthy but feasible so check the requirements outlined below. So, if are 18 or over and not already married, go for it!

Photo: Maya Maréchal Photography.

How to get legally married in France?

The ceremony must take place in the town or city hall, which is called the “Mairie” in French. The ceremony must imperatively take place within the “Mairie” premises, either in the “Salle des Mariages”, literally translated by “Wedding Room” or in another communal space as the wedding registry books cannot by law be taken out of the “Mairie” premises which must be open to the public. The ceremony must take place no less than 10 days and no more than one year after authorisation has been granted. Also, as you will be required to provide birth certificates of no more than three months (See a list of documents required below), if you wait more than three months to tie the knot after authorisation has been given, you may have to supply new copies of your birth certificates and get them translated again! The mayor (maire) or one of their representatives will preside over the ceremony. Civil ceremonies performed in France are internationally recognised and legally binding. Since 2013, same-sex couples can get legally married in France.

The first step is to apply together to the Mairie where you live or where your relative lives and prove that you are both free to wed. This may include a face-to-face interview, either together or separately. The Mairie will then publish the “bans” for a fixed period. This is a formality which consists of publicly announce your marriage in order to give anyone who may know of a reason for legal impediment sufficient time to notify the registrar.

This process typically takes at least four weeks, longer if one or both of you are not French. In this case, you may have a limited choice as to which day you can get married so be prepared to be flexible.

The ceremony will be in French. If either of you are not fluent in the language, it is strongly advised that you have a translator present. They do not usually need to be a professional or certified translator.

Documentation required to get married in France:

1. ID (a valid passport)

2. Birth certificate which must be less than three months old if issued in France, less than six months old if issued elsewhere, and if from abroad, it may need to be translated by a translator certified in France and legally stamped with the affixation of an apostille stamp

3. Proof of residence in France (e.g. rental agreement, recent bills)

4. Proof of nationality

5. Proof of civil status – Ask for a “Certificat de Capacité Matrimoniale” from your embassy but expect to provide a divorce or death certificate too, if you have been married previously or are widowed. If not in French, this document will need to be translated by a certified translator. Your “Mairie” or the local tribunal can provide you with a list of certified translators called “experts judiciaires en traduction”

6. Notary’s certificate (only required with a prenuptial agreement)

7. Family record book called “Livret de Famille” (only if you have a child born in France);

8. Information about your two or four witnesses who will also be required to provide some paperwork.

Since 2013, medical certificates are no longer required.

If you are not French, you may require a “Certificat de Coutume” from your embassy, which will need to be translated by a certified translator. This proves that your marriage will be equally valid in France and in your home country. Please note that marrying a French citizen does not automatically grant you French citizenship.

Also, if you are not French but marry a French citizen in France and plan to stay and live there, apply for the ‘long stay visitor’ visa. After the marriage, the local municipality will change your visa into a residency card for spouses of French citizens.

Prenuptial Agreements

The default is that property acquired during the marriage is held in common under the “Régime légal de communauté” whereas property acquired outside the marriage is not. Additionally, without a will, the surviving spouse will retain half of the communal property and inherit a proportion of the other half, shared with any children.

In France, a prenuptial agreement called “Contrat de Mariage » is only valid if it is arranged before the wedding. You must provide the “Mairie” with a certificate issued by a notary.

A prenuptial agreement is used to alter the standard form of inheritance, joint ownership of property and mutual responsibility within the confines laid down by French law. It is common where, for example, there are children from previous relationships, when one or both spouses own a business or where there is significant wealth. Consult a legal professional for advice on your particular situation.

Further Details

Proof of Marriage

After the ceremony, you will be presented with a family record document called “livret de famille” unless you already have one. This is an ongoing record of all elements relating to the marriage (births, adoptions, deaths, divorce, etc.) and includes a copy of your marriage certificate called “acte de marriage”.

Which name?

By default, both spouses keep their own name. Each may add the other’s name to theirs at this time for no charge, or a woman may replace her name with her husband’s. Either or both may go through the process to legally change their name.