Step-by-Step Process for Obtaining a Legally Binding Marriage in France [2023 Edition]
Getting hitched is such an exciting milestone in life, but let's be real, all the legalities can be overwhelming. If you're thinking of having a civil wedding ceremony in France, it's super important to know the ins and outs to make sure everything goes smoothly and your union is legally recognized. In this awesome guide, we're gonna break down each step of the process.
Getting engaged
Engagements are not legally recognised in France but they are a “promise of marriage”.
As such you can use it for immigration as an evidence of intention to marry or in the worst case scenario to sue the other party if the wedding is cancelled.
Who can get married
Opposite and same sex couples can get legally married.
All couples must:
both be 18 years old and over;
Be free to marry, meaning single, widowed, divorced or dissolved civil partnership;
Not be related;
Be capable of understanding what marriage means and of consenting to a marriage (consentement libre et éclairé).
Who will legally register your wedding
In France, the wedding is only conducted by the Mayor or his deputies.
Exceptionally if none of them is available, the Mayor can appoint regular city counsellors to carry out the wedding ceremonies.
Where can a marriage take place
You can get married in a city where one of the partners has a long lasting bond. This is when one the partners or their parents owns or rents a house in France. It could be the house you usually live in or just a holiday house or secondary home.
You have to prove this address (local council tax, electricity bill etc.) has been established for at least 30 days before you file your dossier de mariage.
In France, you can only get married in a “mairie”, the local Town Hall.
It can also be done in another city-owned building but the prosecutor could oppose this.
Exceptionally and with the prosecutor's approval, the ceremony could be held at your house.
What to do before the ceremony
Before your wedding day, you’ll need to:
File your dossier de mariage at the local mairie,
Hold a hearing with a civil sevant,
Publish Banns.
1 - File your dossier de mariage
You need to bring all the documents listed below to your chosen town hall.
I recommend contacting the mairie and checking if you need to book an appointment for this.
Documents needed for the dossier de mariage
For the couple:
Birth certificate, less than 3 months old if you’re French and 6 months if you’re foreign
Legal Identification, original AND copy (don’t forget it on the wedding day)
Proof of address, residence or domicile
Proof of nationality
Certificate of marriage contract, if you signed one
Evidence of termination of a relationship, if you have been previously married or in a civil partnership (death certificate, divorce decree absolute, dissolution, or annulment document)
For the witnesses:
You can have a maximum of two witnesses for each partner. For each of your witnesses, you’ll need to provide:
First and Last Names
Date and place of birth
Profession
Address
Copy of any form of Identification (on the day of the ceremony, they should bring the original)
Depending on your circumstances, you might be asked for more documents.
Please contact your mairie for an updated list of the documents required.
2 - Hold a hearing
A civil servant will examine your file to make sure all documents are correct. After that, you’ll be scheduled for a hearing at the town hall. This hearing is mandatory.
Generally, the civil servant will talk to both of you together. But it can be done separately, if he/she thinks it’s necessary.
It can only be cancelled if
It’s impossible for you to attend or to schedule it, or
The civil servant doesn’t think it’s necessary.
The civil servant cannot refuse your dossier de mariage even after the hearing but can ask a prosecutor to prohibit your wedding.
2 - Publish Banns
After registering your dossier de mariage, the mairie will publish your Banns. Your Banns are just a poster at the door of the local Town Hall.
The poster will have:
First name, Last name, profession and address of both partners,
Ceremony location and date.
It’ll be displayed for 10 days in the Town Hall where the ceremony will take place and the Town Hall where you live.
What happens at the ceremony
Usually, the civil ceremony follows the same format and lasts around 20 minutes.
On busy days, you will have ceremonies back to back so you won’t have much chance to personalise your ceremony.
You must arrive around 15 minutes before your ceremony start time. Someone from the mairie will escort you to the wedding hall.
The ceremony will be conducted by the local Mayor or a Deputy Mayor, in presence of the couple and their witnesses. The doors of the hall must remain opened, as the ceremony is public.
A translator can be present if needed.
During the celebration, each partner confirms his/her engagement to respect the marriage vows. Then you will sign the marriage record (acte d’état civil). The officiant announce you as a married couple and hands you a Family booklet (livret de famille).
A livret de famille is a booklet recording and tracking all the important information about yourself, your partner and your children.
You are legally required to keep it updated after any new events in your nuclear family (marriage, divorce, birth, death, adoption, name change etc.).
What happens after the ceremony
You can ask for your marriage certificate a few days after your wedding ceremony.
Once married, you can use your partner’s family name as your preferred name.
When is a wedding considered legally valid?
Your wedding is considered valid if:
It’s attended by the couple and at least two witnesses,
It’s officiated by the Mayor or his/her deputies,
It’s done within the Town Hall.
Is a religious ceremony valid legally?
Unlike the UK, all religious weddings have no legal value no matter the religious denomination.
You need to hold a civil ceremony to be legally recognised as a married couple.
Please note, in France it is forbidden to hold a religious ceremony before your civil ceremony.
Can I legally get married as a foreigner living abroad?
You might have guessed it already, you cannot legally marry in France while living abroad unless you, your partner or your parents own or rent a house in France.
Can I get a church or symbolic wedding in France while living abroad?
Yes. Absolutely!
First, you’ll have your civil wedding in your home country and bring your marriage certificate with you to France.
Remember, in France, it is illegal to hold a religious marriage without having a legal one first.
Then, you will need to find a church or religious building willing to hold your ceremony.
If they are too busy, some religious representatives might agree to have your home officiant hold the ceremony. (small reminder, you will need to factor in your budget the cost of flying your home officiant to France)
After finding your officiant, your local French religious representative will have to inform the town hall of the exact date and time of the religious celebration.
Tying the knot is such a beautiful and heartfelt moment, and making it all official means your love is recognised by the French law. Following our comprehensive guide above, will help you navigate all the legalities with less stress.
Now, keep in mind that the law is always evolving so please contact the town hall you wish to get married in to have more up-to-date information.