MARRIAGE IN FRANCE
Disclaimer: The following information relating to marriage
requirements of specific foreign countries is provided for general information
only and may not be accurate in a particular case. Questions involving
interpretations of specific foreign laws should be addressed to foreign
attorneys or foreign government officials.
The following information is for the guidance of civilian American
citizens contemplating marriage in France. U.S. military Personnel wishing
to marry in France should contact the Legal Officer of the Defense Attaché's
Office at the American Embassy in Paris (tel. 42 96 12 02, ext. 2747)
for information and assistance.
Although marriage statutes in the United States vary from state to
state, a marriage performed in France under French law is generally
recognized as valid throughout the United States.
American diplomatic and consular officers do not have legal authority
to perform marriages. Because of the French legal requirement that civil
marriages take place in a French mairie (city hall), marriages CANNOT
be performed within the Embassy or within an American Consular office
in France.
MANDATORY
Civil Ceremony
To be legal, all marriages must be performed by a French civil authority,
i.e., an officier de l'etat civil, BEFORE any religious ceremony takes
place. In practice, this means that all marriages must be performed
by the mayor (mairie) or his legally authorized replacement, such as
a deputy mayor (adjoint) or a city councilor (counseiller municipal),
of the town in which one of the parties to be married has resided for
at least forty (40) days immediately preceding the marriage. All Americans
marrying in France must comply with this requirement.
Residence Requirements and Place of Marriage
At least one of the contracting parties must have resided in France
for forty (40) days continuously prior to the marriage: The mairie of
town where the civil ceremony takes place is dictated by the place of
residence. If both of the parties to the marriage meet the residence
requirement, but resided in different districts, the civil ceremony
may take place in either district of residence. The 40-day residence
requirement cannot be waived.
Publication of Banns
French law also requires the posting of marriage banns at the appropriate
mairie no less than ten (10) working days proceding the date of marriage.
The first publication of the banns can be made only at the end of thirty
(30) days of residence in France by one party to the marriage. Only
in very exceptional cases can this requirement be waived by a French
authority (the Procureur de la Republique for the district in which
the marriage will take place).
It is recommended that the parties consult with the Bureau des Mariages
(Marriage Bureau) at the mairie as soon as possible to discuss documentary
requirements, marriage announcements, etc.
OPTIONAL
Religious Ceremony
A religious ceremony may be performed only AFTER (never before) the
civil ceremony. The minister, priest, or rabbi performing the religious
ceremony will require the certificate of civil marriage (certificant
de celebration civile) as proof that the civil ceremony has taken place.
DOCUMENTARY REQUIREMENTS
Most mairies in France require some or all of the following documents:
1) A valid U.S. passport or a French residence permit (carte de sejour)
2) a certified copy of birth certificate (extrait d'acte de naissance);
3) affidavit of marital status or certificate of celibacy (declaration
en vue de mariage);
4) affidavit of law (certificat de coutume);
5) medical certificate (certificat medical prenuptial);
6) certified copy of death certificate of deceased spouse of final
divorce decree; if either party previously married.
These documentary requirements are described in more detail below.
In addition to the above, if the parties to the marriage opt for a prenuptial
contract governing their respective properties (regime du mariage),
the French notary preparing the contract will give the couple a certificate
(certificat du notaire) which must be presented to the mairie as well.
Birth Certificates (Extrait d'Acte de Naissance) and Affidavit
of Marital Status (Declaration en Vue de Mariage)
French law requires that all persons contracting marriage in France
submit a certified copy of birth certificate to the appropriate mairie
at the tie of the filing for marriage. However, because the information
on American birth certificates differs from that provided on French
birth certificates, individuals born in the U.S. must generally submit
additional information about their marital status in the form of an
affidavit or sworn statement, Affidavit of Marital Status or Certificate
of Celibacy (Declaration en Vue de Mariage). The affidavit should be
executed before an American Consular officer in France. The fee for
this notarial service is $4.00.
Most French authorities will accept the American birth certificate
accompanied by the Affidavit of Marital Status. However, in the event
that a French translation of the birth certificate is also required,
you must obtain the translation from a sworn translator (traducteur
assermente). Sworn translators are listed in the yellow pages of the
telephone directory and a list is posted at every mairie in Paris. The
reception at the Consulate's Office of American Services also has a
list. The US Embassy does not provide translation service.
Affidavit of Law (Certificat de Coutume)
While not required by law, most mairies may request an Affidavit of
Law (Certificat de Coutume) in addition to the Affidavit of Marital
Status. The Affidavit of Law is a statement about U.S. marriage laws,
certifying that the American citizen is free to contract marriage in
France, that the marriage will be recognized in the United States, and
that the publication of marriage announcements (banns) are not required
by state or federal law. Only an attorney licensed to practice in both
France and the United States may execute this document.
The Affidavit of Law is prepared on the basis of the attorney's examination
of the individual's documentation (divorce decree, death certificate
of spouse, etc.) and his verification and citation of the applicable
marriage laws of the United States.
Medical Certificate
Each party to the marriage must obtain a pre-nuptial medical certificate
(certificat d'examen medical prenuptial) attesting that the individual
was examined by a doctor en vue de mariage. The marriage banns cannot
be published until medical certificates have been submitted to the mairie.
The certificates must be dated no earlier than two months before the
publication of banns. Any qualified doctor of the individual's choice
can perform the medical examination (the Embassy publishes a list of
English-speaking doctors).
Individuals coming directly from the United States can be medically
examined in the United States by a physician approved by the local French
Consulate (usually, a list of such physicians is furnished by the Consulate).
However, it should be noted that authorities in France require that
the original certificate be in the French language or that an official
translation notarized by a French consul in the United States be submitted
with the certificate in English. The two-month limitation of validity
also applies in such a case.
MARRIAGE CERTIFICATE
Couples married in France are automatically issued a livret de famille,
a booklet which serves as an official record of the marriage and subsequent
events in the family such as births, deaths, divorce or name changes.
In France, the livret de famille is an official document.
It is also possible to obtain a marriage certificate (extrait d'acte
de mariage) by writing to the mairie where the marriage took place.
The request for the marriage certificate must contain: a) the date and
place of the marriage and b) the full names (including wife's maiden
name) of the two parties. If the certificate is to be mailed in France,
the request should be accompanied by a self-addressed, stamped envelope.
If the certificate is to be mailed to a U.S. address, a self-address
envelope accompanied by a Universal Postal Union coupon to cover international
postage costs should accompany the request.
AFTER THE MARRIAGE, THE US CITIZEN MAY PETITION THE FRENCH SPOUSE
FOR A K3 VISA FOR SPOUSE OF US CITIZEN.
ALTERNATIVE TO MARRIAGE ABROAD:
Instead of the above procedures, it is possible to file a K1 visa
petition for an alien to enter the United States as the fiancee of an
American citizen. Thus, enabling the parties to marry in the United
States. Note that this is only possible if you have previously physically
met your fiancee. K1 Visa for fiancee
of American citizen.
To consult a K3 marriage visa attorney, please call us at (626)
279-5341 or e-mail us at info@bccvisalaw.com. An attorney in our office
would be happy to assist you.
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