Conditions and procedure of marriage in France. Registration of marriages in France: the main differences from family law in Russia Marriage by a Frenchman in France documents

France. All the joys of life Volokhova Anna Aleksandrovka

Marriage law: types of marriages, division of property, contracts, etc.

In France, there are several types of property relations in marriage (r?gimes matrimoniaux). By default, that is, without drawing up a marriage contract, the jointly acquired property of a husband and wife belongs to both of them (r?gime l?gal, communaut? r?duite aux acqu?ts), excluding property acquired before marriage, inherited, personal belongings or family heirlooms. In order for any other property relationship to take effect, a marriage contract is required.

For example, spouses may retain the form of joint ownership of common property, but make a clause in the contract that upon the death of one of them, the other enters into the right of inheritance. Or that one of the spouses buys from the other part of the property at a fixed price in advance. Or that the spouses have unequal parts of the property (and not half each, as marriage without a contract suggests).

In addition, there are other forms of property relations. So, there is a type of relationship "absolute joint property" (communaut? universelle), in which all the property of the spouses, including those acquired before marriage, belongs to both of them. Or, conversely, the property division regime (s? paration de biens), in which each spouse has his own things, furniture, real estate, money, etc. Or “participation in the acquisition of property” (participation aux acqu? ts), when in During the marriage, the spouses each have their own property, and if the marriage breaks up, then the spouse who has less money is entitled to an amount equal to half the difference between the value of their property.

A marriage contract is drawn up by a notary and regulates property relations. It cannot include information about the rights and obligations of spouses established by family law (for example, the obligation to help each other or participation in common expenses proportional to the income of the spouses), nor information about parental rights and obligations, nor the order of inheritance of property. Unmarried people go to draw up a contract before the wedding celebration. You can change the contract only two years after the wedding or after making changes to it, also at the notary.

There are fewer and fewer marriages (mariage) in France - in 2012, 55% of children were born out of wedlock, against 8% in the 1980s. Since 1999, marriage has had a solid “competitor”, which is gaining popularity and which does not yet exist in Russia. It is called PACS, a civil solidarity pact, and, like marriage, establishes certain rights and obligations between the parties entering into it - but much less "heavy" than in marriage. People who enter into PACS can file a joint tax return - which is more cost effective than separate returns. They can also take advantage of their partner's supplementary health insurance and, in the event of their partner's death, inherit the right to an apartment contract. But it is much easier to disperse "pushing" - a joint statement signed by both parties is enough. Despite the fact that partners in PACS are much less protected, today in France there are three such “pacts” for four marriages.

Why is this happening? Many are afraid that they will not succeed in family life and will have to get divorced. Divorce in France is not as simple as in Russia, although the procedure has recently softened somewhat (more on that below), and costs money. According to statistics, which have been at a high level for several years, about 130,000 couples are bred per year (2011), mostly residents of large cities. At the same time, if you add up all the marriages and PACS that are now being concluded, you can see that more and more couples formalize the relationship.

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Despite the fact that the French are quite religious, the official marriage in France is only one that is concluded in the city hall, that is, a secular marriage. At the same time, church marriage is a beautiful ceremony or an important ritual for believers, but it does not carry any legal consequences.

Marriage in France: first visit to City Hall

Getting married in France is a serious matter, it is not enough just to want to get married, there are a number of conditions. In order for your application to be accepted by the mayor's office, one of the future spouses must have continuously lived in the county where he is going to marry for at least the last forty days at the time of marriage. If the spouses lived in different counties, but each of them had lived in their county for the last thirty consecutive days at the time of applying to the mayor's office, then you can apply in any of these two departments. Marriage in France is concluded no earlier than ten days after filing an application with the mayor's office and publishing a marriage announcement, which is the reason for the slight discrepancy in the numbers. That is, at the time when the application is submitted, the period of continuous residence in one district of France must be at least thirty days, and at the time of registration of marriage - at least forty days.

When the application has already been submitted, the mayor's office issues a special brochure, which will contain a list of all documents, certificates and certificates necessary for your marriage to be registered in France. The brochure will, of course, be in French. English dubbing is not provided. Please note that in order to marry France, documents are needed only in the original, in the case of submitting a copy, it must be notarized. If you have documents that are not in French (most often a birth certificate), they must be translated only by a sworn translator. If you don't know, ask the City Hall directly. In addition, the contact details of sworn translators can be found at any police station.

By law, marriage in France takes place only after a public announcement. This means that ten days before the registration of the marriage, a message about the upcoming marriage will be published in the local newspaper. The newspaper advertisement is submitted by the mayor's office, but before submitting an application for publication, officials from the mayor's office must review and approve some of the required documents. In some counties, it may happen that a complete package of documents may be required for publication of an alert. All details should be clarified in the city hall itself and preferably in advance so that there are no unpleasant surprises. Since France recognizes civil marriage as the only legally authorized one, a wedding in a church is possible only if there is an official marriage certificate - they will definitely be asked to show it, and they will refuse if there is one.

What documents are needed to get married in France

When getting married in France, get ready for a rather tedious process of collecting the package of documents that you will need to complete the procedure. So, if you are a foreigner and are going to marry a Frenchman in France, you need to provide the city hall with:

The passport. It makes no sense to specify that it must be valid, because no transactions are made with an invalid passport. Instead of a passport, you can provide a residence permit.

Birth certificate. Translated into French and certified by a sworn translator. In some countries, a certificate issued by the hospital where the person was born may be used as a birth certificate, but in order to get married in France, a full certificate, i.e. issued by the registration department, is required.

Address confirmation. You can confirm that you really live in the place that you indicated when applying, this can be done by providing any paid utility bill at the indicated address. It can also be a receipt for payment of insurance, rent, communication services. To be sure, it is better if you attach two or three such documents.

Certificate of absence of obstacles. Can only be requested from foreigners wishing to marry in France. Such a document is issued and certified only by a lawyer who practices both in France and in the homeland of the future newlywed. Most often, for such certificates, they turn to their embassies or consulates.

Certificate of legal capacity, which confirms that the person entering into marriage is not currently married. The “age” of such a certificate is no more than three months, the expired one will have to be replaced with a new one. Also applies only to foreigners and can be obtained from the embassy.

The person remarrying must provide a copy of the divorce certificate or death certificate of the previous spouse. If there are children, a copy of the birth certificate for each child is attached to the package of documents.

Please note that since 2008, a medical examination certificate is no longer required to get married in France.

Marriage in France: ceremony

The standard civil marriage ceremony takes place at City Hall, performed by the Mayor or Deputy Mayor. In large settlements, the mayor personally registers marriages in rare cases, usually this is the responsibility of deputies. The marriage takes place in the presence of witnesses. Two witnesses are enough for the ceremony, however, if desired, four witnesses can be invited. But no more. Witnesses must carry identification and be directly present at the ceremony. There are no restrictions on the citizenship of witnesses, but there is an essential requirement - the witnesses must speak French enough to understand on their own, without an interpreter, the essence of what is happening, and that a marriage is currently being registered in France. The authorities have the right to remove a witness whose French they are not sure of and cancel the registration.

At the end of the ceremony, the newlyweds are given a marriage book. It will record all the events regarding this marriage, starting with the registration itself - the birth of children, divorce, death, even changes in names.

Despite the religiosity of the inhabitants of France, marriage within the walls of the church is just a beautiful tradition that many people of France revere. Only secular, that is, marriage concluded in the city hall, has legal force.

City Hall visit

To marry, a woman must be fifteen years old, and a man eighteen. It is not easy to conclude a marriage union in France, for this you need to fulfill several conditions. To apply to the mayor's office, any of the future newlyweds must live in the county where they want to marry for at least 40 days. If the future newlyweds live in different districts for more than 30, then it is allowed to apply for the conclusion of a marriage union to any mayor's office of each district. The marriage ceremony takes place at least 10 days after the application is submitted. That is, to apply for a marriage union, you need to live in the district for thirty days, but the marriage will be concluded only after forty days.

Once you have submitted your application, a separate brochure will be issued by the mayor's office, which will contain all the documents required to register a formal marriage union in France. The brochure is not translated into other languages, it only uses French. It is also worth paying attention to the fact that you need to submit original documents, and when submitting copies, you need to notarize them.

All documents must be submitted in French, otherwise you need to hire a sworn translator who will translate and certify the necessary documents. The mayor's office will assist you in finding a sworn translator. Also, contacts of a sworn translator can always be found at the local police station. The union is allowed to conclude only after the publication of information on the conclusion of the marriage union in the local newspaper. The announcement will contain the following data: the place and time of registration of the marriage, the full name of the future newlyweds and their addresses.

Information on the marriage union is published by the mayor's office, but before making the publication, the mayor's office must check and approve some documents. In some districts, the mayor's office requires all documents at once.

Any resident of the city can protest the marriage if he has information and reasons that make the marriage impossible. You can only get married in a church after a secular marriage. In the church, you will be asked to present a marriage certificate certified by the mayor's office; if it is not available, you will be denied a wedding. It is also worth noting that at the conclusion of marriage, the names of the spouses do not change. On all wife's documents, the husband's surname appears as "surname in use".

List of required documents for marriage

To make a marriage, you need to go through a rather difficult process of collecting required documents. For foreign women who wish to enter into an alliance with a resident of France, the following documents must be submitted to the mayor's office of the district:

  • The passport. In order to get married, your passport must be valid, in other cases you will be denied registration of marriage. If desired, the passport can be replaced by a residence permit.
  • Birth certificate. This document must be certified and translated by a sworn translator. In some states, instead of a birth certificate, they provide a certificate that is issued at birth in a maternity hospital. In France, this system does not work and you need to provide an official, that is, provided at the registry, birth certificate.
  • Confirmation of residential address. To prove that you live at the address you provided, you need a bill you paid for any of the utilities. In addition, proof of payment for insurance, rent or communication services can be used as evidence. It is best to take 2-3 proofs.
  • Certificate of absence of obstacles. This document is required only from residents of other countries who wish to enter into a marriage union. This document can only be issued by a lawyer who works both in France and in the home state of one of the future newlyweds. Usually you can apply for this document at the embassy.
  • Certificate of legal capacity. This document confirms that you are not currently married. This certificate has its own "expiration date" - three months. At the end of the term, you need to replace the certificate with a new one. This certificate should be provided only by citizens of other countries.
  • A copy of the divorce certificate or death certificate of the former spouse. These documents need to be provided only if one of the future newlyweds was already in a marriage union. If you had children in a previous marriage, then a birth certificate for each child must be added to the previous documents.

You don't need a medical certificate to get married. When entering into a remarriage, at least three hundred days must elapse after the divorce, if given term did not pass, then you need to provide a certificate of absence of pregnancy.

wedding ceremony in France

The conclusion of the marriage union takes place in the city hall. Marriage in small towns is performed by the mayor himself, and in large cities he conducts the ceremony very rarely and the marriage is registered by his deputy. During the marriage, the mayor reads articles from the family code, the rights of spouses and their marital obligations. After that, he inquires about the existence of a marriage contract and writes down this information in a special act.

The marriage can be held in the presence of witnesses. For an ordinary union, two witnesses are enough, but if the spouses wish, more can be invited. More than four witnesses may not be invited. Each of the witnesses is required to prove their identity and appear at the ceremony itself. Witnesses do not need French citizenship, the main thing is that they must know French at least at an intermediate level. This rule is introduced so that the witnesses understand the essence of the ceremony without an interpreter.

The mayor or his deputy has the right to remove witnesses who do not speak French at an appropriate level and cancel the marriage.

Upon completion of the marriage ceremony, the newly-married spouses are issued a “marriage book”, confirming the fact that the marriage has been concluded. This book will record all the important events associated with marriage, namely: a change of name, the birth of children, the death of one of the spouses, divorce, etc.

In contact with

Classmates

Package of documents:

  • Russian civil passport with the bride's maiden name;
  • passport for maiden name;
  • a duplicate of the birth certificate, with an apostille (not later than 6 months);
  • certificate of the right to enter into marriage, received at the French consulate in Russia;
  • evidence that they were not married; both last documents are paid by bank card at the Russian Embassy in Paris or Marseille;
  • divorce certificate;
  • a certificate from the registry office on a previous marriage indicating information about a divorce, change of surname;
  • a certificate of no criminal record that does not require an apostille;
  • certificate of residence from the house management, certifying the place of residence (without an apostille).

Apostille- this is a seal that legitimizes a document that is valid in countries that have signed the Hague Convention. Apostille gives the legality of documents.

Sequencing

  1. Translations of documents made in Russia are not always valid for France, it is better to do them in the homeland of the chosen one in a specialized translation agency and notarize.
  2. After receiving the documents for registration, the French mayor's office publishes the expected marriage in the media. Registration is completed 10 days after notification. The mayor's office sends a certificate of no protest to Russia.

Documents required for obtaining a fiancee visa at the French Consulate in Moscow

The future spouse must send you:

  • announcement of the mayor's office about the forthcoming marriage registration;
  • a photocopy of his passport;
  • personal invitation;
  • photocopy of income statement;
  • evidence of the man's existing functioning bank account.

Together with these documents, the following documents are submitted to the French Embassy in Moscow:

  • completed visa application form;
  • two photographs in the form;
  • both passports with copies of the first page of the international passport and a copy of the first page and registration of the Russian passport;
  • a copy of the purchased tickets;
  • medical insurance for 90 days.

Prior to marriage, the city hall conducts interviews with the bride and groom separately. The purpose of the conversation is to convince the specialist that both know each other well and do not pursue the goal of concluding a fictitious marriage. The answers must match.

Interview questions:

  • name, surname of the groom;
  • who and where he works;
  • Date of Birth;
  • home address;
  • location near major cities;
  • whether there is own housing available or only rented;
  • when and where did you meet him;
  • when and where did you meet for the first time;
  • how many meetings were;
  • do you know his parents, children, friends;
  • whether he was previously married;
  • whether there are children and what age;
  • what do you plan to do in France;
  • Do you want to have common children;
  • what his interests coincide with yours;
  • How will you share household chores?

Attention! After registering in France, the Russian bride must immediately return to Russia to receive a one-year visa at the French embassy in Moscow. There you also need to pass an exam on knowledge of the basics of the French language.

When marrying, the surname of the husband is added to the maiden name in the passport through a hyphen. The double surname is used in all documents.

Long stay visa for the spouse of a French citizen

You must submit documents to the embassy in Moscow in person, arriving by appointment at the visa center, where documents confirming the acceptance of the dossier will be issued.

Important! If you are planning to move to France with a minor child from a previous marriage, documents for it are accepted at the French Embassy in Moscow in the presence of all applicants and the child. Appointment registration for +7 499 703 49 74 . All documentation is submitted in Russian. In addition to the passport, notarized translations into French are also provided.

You need to submit:

  • OFII form;
  • long-term visa applications;
  • Photo;
  • foreign passports, civil passport (copies of all completed pages).

Marriage documents

  • if the marriage took place in France, integral copy marriage certificate, issued no more than 2 months ago and a family book;
  • if the marriage took place in another country, it will be required integral transcription copy marriage certificates from the French consulate, civil registry and family book;
  • a document confirming the French citizenship of the spouse (national ID-card, biometric passport, etc.);
  • there is no consular fee.

When changing the surname of a woman before marriage, acts of civil status are provided - certificates of birth, marriage, divorce, name change, death of a spouse.

Long-stay visitor visa for minor children

Issued as an exception. As a general rule, family reunification must be requested after 18 months of residence in France. Registration for the submission of documents takes place by calling the visa center +7 499 703 49 74 . The presence of the child in person is mandatory, accompanied by one of the parents, at the French consulate in Russia. All documents in Russian and French, notarized.

Need to provide:

  • long-term visa applications;
  • 3 photos in the form;
  • foreign passport (copies of all completed pages) + general passport;
  • documents confirming the relationship with the child (birth certificate); if the real name of the mother does not match the one indicated in the birth certificate of the child, the relevant documents must be provided;
  • family book, marriage certificate of the parent of the child with a French citizen or its transcription if the marriage was not in France;
  • a document confirming the French citizenship of the spouse of the parent of the child (national ID-card, biometric passport, etc.);
  • confirmation of solvency (certificates of wages for the last 3 months, tax return, bank statement;
  • obligation to accept expenses for the child's stay in France (from the Russian parent and his spouse);
  • living conditions in France - lease/property agreement + utility bills;
  • notarized permission to leave the country for permanent residence in France from the second parent (issued no earlier than 3 months before the date of submission of the dossier; a copy of his general passport;
  • for children over 6 years of age, an enrollment in an educational institution or a letter of commitment from the parents about the subsequent enrollment of the child in school;
  • consular fee - 99 Euro in ruble equivalent in cash.

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