In Brief
- Marriage is open to couples of different or the same sex.
- The future spouses must be of legal age (18 years) or obtain an age exemption for serious reasons.
- The marriage must be celebrated in a municipality where at least one of the spouses has a lasting connection (domicile, residence, or relative).
- The publication of banns allows for the announcement of the marriage plan and any potential objections.
- Objections to marriage are strictly regulated and must be based on a legal impediment.
Who Can Take the Steps
To get married in France, two people, of different or the same sex, must meet certain conditions. If you are a foreigner, specific rules related to your nationality may apply, in compliance with French public order.
Fundamental Conditions
Age You must be of legal age to marry, meaning at least 18 years old. If you are a minor, you may, in exceptional cases, be allowed to marry. You must obtain the following authorizations:
- Age exemption granted by the public prosecutor for serious reasons.
- Consent from at least one of your parents.
Absence of Kinship or Alliance Marriage is prohibited when a very close relationship exists between the future spouses.
Consent Both of you must give your free and informed consent to the marriage. It is crucial to understand the consequences of the absence of free and informed consent. If consent is not free and informed, the marriage can be annulled at the request of one of the following:
- You or your future spouse.
- Public prosecutor. The annulment request must be made within a maximum period of 5 years.
Steps
1. Choose the Place of Marriage
The marriage is celebrated in a municipality with which at least one of you has a lasting connection. The lasting connection can be with one of the following municipalities:
- The one where one of you resides or has a domicile.
- The one where a parent (father/mother) of one of you resides or has a domicile. The civil status officer ensures that at least one of the individuals meets this condition.
2. Publication of Banns and Objection
The announcement of the marriage is made by the publication of banns. These are notices posted at the town hall by the civil status officer. The objection to marriage aims to prevent the celebration of a marriage that does not meet the required conditions. It is a serious act and is therefore strictly regulated.
Persons Who Can Object
The following individuals can object to a marriage:
- Current spouse of one of the individuals wishing to marry.
- Ascendant.
- Guardian or curator.
- Public prosecutor.
Note: In the case of impairment of personal faculties of a future spouse, other family members (brother, sister, uncle, aunt...) may object to the marriage in the absence of an ascendant.
Grounds for Objection
The person who objects to a marriage must justify their intervention with a legal impediment (for example, simulated marriage, impairment of personal faculties of the future spouse). The grounds are strictly regulated based on the objectors.
- Current Spouse: Can act due to the risk of bigamy.
- Ascendant: Can object if one of the conditions required by law is not met. They must provide proof of the grounds. Possible grounds include: minimum required age not reached, kinship or alliance between the future spouses, impairment of personal faculties of a future spouse, or simulated marriage (a sham marriage contracted solely for advantage without intent of cohabitation, or gray marriage when only one of the future spouses is sincere).
- Guardian or Curator: Can object if one of the conditions required by law is not met (same grounds as for the ascendant). The guardian (or curator) must be informed of the marriage. Proof of this information must be attached to the marriage file and submitted to the civil status officer.
- Public Prosecutor: Can object if one of the conditions imposed by law is not respected (same grounds). The public prosecutor is informed by the civil status officer in case of proven non-compliance or serious indications of irregularity.
Caution: Grounds based on moral, religious, familial, or personal convenience are not accepted.
Objection Procedure
The objection must be made in writing. The act of objection must include the following elements:
- Identity of the objector.
- Relationship with the future groom.
- Reason for the objection.
- Text of the law on which the objection is based (reproduced in full). The objector must also have an address (referred to as electing domicile) in the municipality where the marriage is to be celebrated. The objection must be communicated to the future spouse and the civil status officer by a judicial commissioner.
Where to Address? Judicial Commissioner (formerly bailiff and judicial auctioneer).
Lifting the Objection
The objection prevents the celebration of the marriage. To obtain the celebration of the marriage, the objection must be lifted (referred to as lifting the objection).
- If the objector withdraws (voluntary lifting), the marriage is possible without further steps.
- Otherwise, a judicial lifting must be requested. The lifting must be requested by the concerned future spouse at the judicial court.
Where to Address? Judicial court or local court. The competent court is either that of the marriage municipality (domicile elected by the objector in the act of objection), or that of the actual domicile of the objector. The involvement of a lawyer is mandatory.
Note: If the court rejects the objection, the objector (other than an ascendant) may be ordered to pay damages.
Documents
This information varies depending on the situation and the chosen town hall. However, the official source indicates that proof of the information provided to the guardian or curator must be attached to the marriage file and submitted to the civil status officer if applicable.
Cost
This information varies depending on the situation.
Deadlines
The request for annulment of the marriage due to lack of free and informed consent must be made within a maximum period of 5 years.
Pitfalls to Avoid
- Not respecting the minimum age of 18 years without obtaining the exemption from the prosecutor and parental consent.
- Ignoring the prohibition of marriage in case of too close kinship or alliance.
- Underestimating the importance of free and informed consent, risking annulment within 5 years.
- Presenting grounds for objection that are not accepted (moral, religious, familial, or personal convenience).
- Forgetting to inform the guardian or curator if one of the future spouses is under guardianship or curatorship.
- Not electing domicile in the marriage municipality when there is an objection.
Official Source
Fiche service-public.fr Verified on March 17, 2025 - Service Public / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice.