MARRIAGE FORMALITIES FOR AMERICANS IN FRANCE TAHITI
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 EMBASSY DOES NOT FURNISH TRANSLATION SERVICES.
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.
DISLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATIONS OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN ATTORNEYS OR FOREIGN GOVERNMENT OFFICIALS.
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