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The civil
wedding.
In
many legal systems the civil wedding proceeds at the same time as the ceremony
of the church wedding, even if both are theoretically distinct.
Thus,
in the majority of the American States but also in the United Kingdom and in
the Irish Republic, the marriage is celebrated by a priest, Pasteur, a Rabbi
or any other religious authority who also officiate like a public agent.
In
certain countries, which inherited the Napoleon code, like France, Spain,
Germany, Argentina or Russia, any marriage supposes the passage obliged in
front of an officer of marital status, the mayor or an assistant: it is what
one calls the civil wedding. It can be or not followed of a religious wedding.
1
The conditions of the civil wedding in France.
2
Documents to be
supplied.
3
The
ceremony of the civil wedding
4
Legitimation of child born before the marriage
5
Wedding in France, with a foreigner
6 For
other countries
7
The
PACS, the civil pact of solidarity
8
Marriage of
convenience
and sentimental swindle
The conditions of the civil
marriage.
It is verified that the partners perform legal requirements:
The fiancés have to be at least 18 years old (previously 15 for the girl), to be single and of opposite sex, and they must not be
bound by family relationships. Indeed, the law forbids formally in France to get married to an influence directly, or to a descendant, or to a brother or a sister, an uncle or an
aunt.
Let us note that in some countries, but not in France, a marriage between homosexuals is authorized, and this, since a very recent date.
Documents to be
supplied.
Documents to be supplied in the Town Hall depend on the situation and it is careful to inquire there directly. As a rough guide it will be necessary to supply for both, a recent birth certificate, an
identity card, an affidavit of their state of
single or divorcee, the identity of witnesses. Let us note that a woman widow or
divorced cannot remarry before 300e in the daytime after the death of the husband or the
separation, except when a doctor guarantees that she is not pregnant: She
has to present a certificate of not pregnancy, whom she can obtain from her
doctor.
After
that, bannss are published: showed and published in the local press the
planned marriage, so that every person knowing a cause for which he could not be pronounced can show
himself.
Ten days after this publication, the marriage can take place.
The economic regime of the marriage, in the absence of a contract drafted in front of solicitor, is that of the community reduced to acquests, that is that each of them stays an owner of the possessions whom they bring, or
which will return to them from their family by donation or inheritance, while their
current incomes will be awarded to the community.
The
born name of the husband remains the surname for the wife -it's called maiden
name- and must be used for all the official acts, but it remains possible to add
on any official documents, the name of her husband with her born name. The
married woman can, only, in the current usage, to use the name of her husband.
But her born name, that means her fathers name, stay her real name.
The
ceremony of the civil marriage.
The Mayor or his assistant, having pronounced some words of reception, will read the legal
measures relative to the rights and the duties of the couple,
then will ask them to assert their will to get married. The new spouses and the witnesses will sign then the register of marriages. The registrar will
give to them a wedding certificate and the family book: It's a booklet where
will be write the name of their future children.
The ceremony can be very simple, the couple and their
witnesses appearing only at the City hall. But usualy, if the civil marriage is followed, in the same half day, by a religious
ceremony, all the guests will want to assist it.
Legitimation
of child born before the marriage.
In the event of legitimation of child born before the
marriage, it
is advisable to announce it to the town hall and to provide the copy of the
birth certificate (comprising, in particular, mentions of recognition). Since
the law of January 8, 1993, the married parents or who marry can ask for the
legitimation of their natural children deceased while addressing themselves to
the service of the marital status.
Wedding
in France, with a foreigner.
For the been engaged foreign one, a
"certificat de coutume" (certificate of habit) will be required, in
order to prove that it is not already married.
If the foreigner does not have his papers of resident, it should be made sure
that its only motivation is not to regularize its situation by a marriage.
On this problem, let see Marriage of
convenience and
sentimental swindle
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