Marriage: procedures and formalities
Pre rules to marriage
- Being opposite sex or the same sex;
- Having eighteen; an exemption can be obtained in some cases to the prosecutor of the Republic of wedding celebration instead.
- Do not have a close relationship with her future husband (or wife): A waiver may be granted by the President of the Republic.
- Not being married already (in France or abroad).
- Minors must have permission from their parents, guardians or family council: their consent is given either for mayor on the wedding day, either by deed drawn up by a notary or the registrar officer parents' home.
The formalities for marriage
To get married, you must go to the town hall of the place of residence of either spouse, provided UaDreams reside for at least a month. The registrar may verify that the bride and groom have lasting ties with the town.
No particular approach, the system under which the spouses are married is that of the legal community of acquisitions. Those wishing to opt for a different matrimonial regime must establish a marriage contract before a notary, preferably a few weeks before the celebration and submit timely to the registrar.
Marriage Affects name
The birth name (designated under the name maiden name for women) remains the family name for each of the spouses and must be used for all official acts.
It is possible to add free for his identity papers and other official documents, the name of his spouse's surname. UaDreams call it the name of purpose. The married person can use: the name of his spouse or a double name: his own name and that of her husband (or wife), in the desired order.
Banns before marriage
It is compulsory for ten days at the earliest one year before marriage, period during which oppositions to marriage can manifest (this is rare). If the spouses have separate domiciles the marriage instead of the town hall is also responsible for making the banns in the town hall of the domicile of the other spouse and receives at the end of ten days a certificate of no objection to the marriage.
- A copy of the birth certificate issued less than three months, if the birth took place in France; or for less than six months if the act was issued overseas or consulate abroad.
- An ID.
- Proof of address.
- A certificate of the notary if the spouses have concluded a marriage contract.
- The indication of the full name, date and place of birth, occupation and address of witnesses.
Widowed or divorced also have to produce, in the first case an extract of act of death or a record of civil status of the deceased spouse, in the second case an extract of birth certificate or marriage certificate bearing the words divorce (on the formalities to obtain the civil status, refer to the corresponding words).
Mixed marriage with Uadreams
- a custom Certificate (ask the consulate of the country concerned).
- an extract of birth certificate translated by a sworn translator.
- a certificate of celibacy.
In the case of mixed marriage, the publication of banns is longer. It depends on the country. Marriage is published at the town hall and home of the French consulate of the country concerned.
Namely: For right a residence permit, the foreign spouse must wait until three years have elapsed wedding.
- the French spouse has retained French nationality;
- community life between the spouses has not ceased;
- in the event of celebration of marriage abroad, prior to transcription of the French civil registration has been effected.
The draft law on the right of aliens in France that should be examined in spring 2015 could undermine the conditions for issuing the residence permit.
Marriage certificate extract (no affiliation)
It contains the following information: the wedding date, the full name, date and place of birth of the spouses, the nature of the matrimonial regime, the possible mention of divorce or separation. Anyone can apply without having to justify its request.
For the extract of marriage certificate, indicating the full name of the couple and the wedding date. By mail, enclose a stamped addressed envelope with his name and address.
For a wedding that took place in France or in a department or territory overseas, contact the town hall where the act was drawn up.
For a wedding that took place abroad, contact the Ministry of Foreign Affairs - Central Service for Civil Status - 11, rue de White House - 44941 Nantes Cedex 9 - Tel. : 0826 6 August 04 or January 41 86 42 47 IVR. From abroad: + 33 1 41 86 42 47.
People who are not of French nationality should contact the place where the act was drawn up.
Copy of marriage certificate
It can only be granted to the person himself, his spouse, direct ascendants and descendants, his legal representative, any other person authorized by the prosecutor or entitled to ask the (notary, lawyer .. .).
If one makes oneself the process, specify the full names of the groom and the wedding date. If it's another authorized person making the request, it must provide in addition to his family register and an identity card to prove the family relationship, or if any authorization from the prosecutor.
If the application is made by mail, you must sign it, enclose a stamped envelope with name and address, and if done by a third party, provide more supporting civil proving kinship.
It is now possible to apply via the Internet by visiting the Town of marriage site or mdel.mon.service-public.fr/acte-etat-civil.html or www.diplomatie.gouv.fr/fr / live-al-abroad / then under "issuance of an act of civil status" (right of the screen) for French married abroad.
Contributions to marital expenses
In case of desertion by either spouse (but also for breach of common life when one spouse fails to perform), the other may legally compel him to contribute to household expenses according to its means.
It must go to the registry of the High Court of the home court. The wedding expenses to contribution requests must be made in person or by registered letter.
It must provide the marriage certificate and the birth certificate of each child (photocopy register to ask the town hall) and all documents justifying its resources and its needs: pay stubs, proof of unemployment, receipts rent, EDF, various bills (school fees, living expenses ...), loan repayments, etc.
It should, if possible, also provide the documents regarding the joint resources and address it.
Spouses receive notice by registered letter with acknowledgment of receipt at a hearing on family judge of high court. UaDreams must always appear in person, with or without counsel.
The judgment shall assess the contribution of the defaulting spouses and is served on him by a bailiff. In the absence of voluntary payment, the money will be directly requested from the employer or fund custodians. The defaulting spouse may oppose the decision within one month after personally informed judgment.
The family book
The family book contains an extract of the marriage certificate of the spouses and those of the birth certificates of any children. It allows to prove parentage. It must be presented to obtain certain civil status documents (identity card).
It is issued by the registrar to the new husband during their marriage with the civil marriage ceremony certificate (which is then called in the celebration of religious marriage, if there is one).
- The single mother receives her family book in the declaration of birth of his first child (valid for a single father too).
- Parents living as married may receive a common family book in recognition of their child or later. In this case, you must go to the town hall of the place of birth or that of the home.
Validity: All life. (When cohabitants marry, the municipality shall issue them a family book and previous booklet is destroyed.)
In case of theft, loss or destruction of divorce, it is possible to receive a free family book. Ask for the home to the town hall.
Note that a new family book became effective for marriages celebrated since 1 July 2006.
The certificate of concubinage
It is sometimes required when establishing a housing application form, loan, transport discount card, etc. Some organizations require indeed to prove that you live well in pairs and so provide a cohabitation certificate.
The law introducing the PACS allows cohabitation between two persons of the same sex.
You must go to the town hall of the home. The steps can vary from town to the other.
In principle, it must be present with her partner (or his partner). Some councils also require the presence of two witnesses of French nationality (who are not interested in the family).
- The national identity card of each partner (or passport).
- Supporting their situation and their home (lease established in both names, utility bill, etc.).
Local councils are not obliged to issue a cohabitation certificate; in case of refusal, the applicant may submit a sworn statement signed by himself and his companion, or his girlfriend, and two witnesses. The legalization of signatures is required. One can contact a notary.
The Civil Solidarity Pact (PACS)
Adopted in late October 1999 by the Parliament, the civil solidarity pact is a contract between two people, major of opposite sex or the same sex, to organize their life.
It involves obligations but also provides a number of taxation rights, social protection, right to work and housing.
The PACS is a contract. The partners must enter into an agreement and register. For this, UaDreams make a joint declaration at the registry of the district court in whose jurisdiction UaDreams fix their common residence.
UaDreams produce two original text of the Convention, an ID, a full copy or extract of the birth certificate with filiation, a sworn statement certifying that he has no family relationship or of alliance with the other partner preventing the conclusion of a PACS, a sworn statement indicating the address to which the partners fix their common residence.
Civil pact of solidarity agreement may also be passed by notarial deed. The notary then collects the joint statement. It is he who shall record the agreement and proceed to publication formalities
There can be no civil solidarity pact between ascending and descending in a direct line between allies and in direct line between collaterals to the third degree, between two persons when one is engaged in the already bound by marriage or Pacs.
- age under curatorship must obtain permission from the curator or, failing that, that of the guardianship judge.
- age under guardianship must obtain permission from the guardianship judge or, where appropriate, the family council.
The effects of the PACS
Pacs commits both partners to a common life but also material support and mutual assistance.
The two persons bound by a PACS live, if not precisely from them, according to a system of separation of property. If UaDreams wish, UaDreams can, however, choose the regime of undivided (each good for half belongs to both partners).
In addition, the PACS provides a range of social rights, particularly with regard to health insurance, and allows the surviving partner to be a priority on the death benefit.
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