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A civil marriage is
mandatory in France and religious ceremonies, which are
optional, are not legally binding in any way and can only be
performed after the civil ceremony. To be legal, a marriage in
France must be performed by a French civil authority. In
practice this means that the mayor ("maire") or his legally
authorized replacement performs the marriage ceremony.
There is a requirement of residency in France which one of the
parties to be married must comply with. One of the parties
must reside in the town or the "arrondissement"if in Paris,
for the 30 (thirty) days prior to the marriage. In addition of
these 30 days, French law requires the publication of the
marriage banns at City Hall for 10 days which makes a total
residency requirement of 40 days before the ceremony can be
scheduled to take place at City Hall.
Required
Documents
1. Birth certificate
(from the Bureau of Vital Records, not from a hospital)
2. A notarized
"Affidavit of Law" (Certificat de Coutume),
drawn up by an attorney in law licensed in the State of
residence of the party, stating :
that this person is free to marry,
. that the marriage performed in France will be recognized as
valid in the United States,
. and that publication of marriage banns is not required in
the United States, neither under States nor Federal law.
3. In the case of previous marriages, a certified copy of the
death certificate of the deceased spouse or a certified copy
of the final divorce decree must be produced.
4. Prenuptial certificate of health issued not more than two
months prior to the date of the marriage by a medical doctor
after :
- serological tests for syphilis,
- serological tests to determine blood types and possibly the
presence of irregular anti-bodies,
- for females : serological tests for rubella and toxoplasma.
It is possible to have
these tests done in France.
5. In all cases, it is recommended that the contracting
parties contact the Marriage Bureau of City hall upon arrival
in France as extra documents may be required, such as a
residence affidavit.
Document
Translation
All documents listed above must be translated into French for
presentation to French officials. Translations can be done in
the United States by a "Translating Agency" or by a certified
translator in France. If the translations are done in the
United States the translations as well as the original of the
document must be presented to the French Consulate General for
verification ("vérification de traduction").
Legalization
All foreign documents
must be legalized being presented in the French authorities.
American documents can be legalized by obtaining the Apostille
called for the Hague Convention which was signed by the United
States on October 15, 1981. The apostille is usually obtained
through the office of the "Secretary of State" of whatever
state the document was issued in. For documents issued in the
District of Columbia the apostille is obtained at the "Notary
Authentication Office at 717 14th Street, N.W. Washington,
D.C. 20005.
Prenuptial Agreement
If no special measures
are taken by the parties with a French Notary or an attorney
at law in the States, prior to the marriage, they are married
under the "communauté réduite aux acquets". This means that
what each party owns personally before the marriage, or
whatever comes to them afterwards through inheritance, remains
their property. Only what is acquired during the marriage is
owned equally by both parties.
Visa
Requirements
American citizens
holding ordinary American passports are not required to obtain
a visa for a trip to France as long as they do not stay longer
than three (1) months. The visa exemption does not apply to
students, journalists or to members of airline crews no matter
what the length of their stay. American citizens holding
diplomatic or official passports must obtain a visa before
going to France no matter what the length of their stay.
Other foreign national must check with the visa section of the
Consulate General of France. |
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