After how long can you remarry after a divorce?
Mandatory emptying period before 2004
Until 2004, a remarriage supposed that the ex-spouses await a period of emptiness of at least 300 days after their divorce. This period was imposed in particular to avoid the problems of paternal parentage in the event of the birth of a child.
No delay is to be respected to remarry
Since that date, there is no longer any imperative deadline to respect to remarry after a divorce. A just divorced person can thus remarry without delay following his divorce. Be careful however, remarriage assumes that the previous marriage is officially broken, this means that the divorce judgment must be final.
Can we marry the same person twice?
Ex-spouses are legally authorized to remarry together as soon as a divorce judgment has taken place beforehand. No legislative provision therefore prohibits marrying twice with the same person as soon as a final divorce judgment was pronounced between the two marriages.
What are the conditions for remarrying?
Having divorced or having become widowed or widowed
In France, it is forbidden to marry a second time, if one is still married according to French law or a foreign law. The remarriage therefore initially supposes a divorce which has become final or widowhood. People in the process of divorce or separate from bodies are considered married.
Provide proof of the dissolution of the first marriage
It is necessary to provide proof of the dissolution of the first marriage either via a marriage certificate mentioning the divorce, an act of death of the spouse or the documents proving the cancellation of the marriage.
Have legal capacity
In a second step, remarriage, like the first marriage, requires having legal capacity. Namely, being of age and legally capable. In addition, each of the future spouses must give their free and enlightened consent to marriage.
What are the steps of remarriage?
List of documents to provide to the file
The steps of remarriage are the same as for a first union. A file must be filed in town hall including the following supporting documents:
- Copies of birth acts.
- Proof of address.
- ID.
- List of witnesses (2 to 4, with their identity documents).
- If divorced: Copy of the divorce judgment.
- If widower (VE): death certificate of the previous spouse.
- If marriage contract (certificate of the notary attesting to the existence of the marriage contract)
Bans publication
The publication of Bans must then intervene in town hall for 10 days before the civil ceremony in town hall is celebrated.
What succession in the event of remarriage?
Distribution of goods between the second surviving spouse and the children of the deceased
In the event of remarriage, the new spouse is a full -fledged heir. However, in the presence of children of a first marriage, his rights will be reduced in the event of death of his spouse.
Unlike the surviving spouse of a first marriage, the surviving spouse of the second marriage will have no choice to make: he will benefit from the quarter of the property in the presence of children in a first bed. The remaining three -quarters being distributed between the reserved heirs (children of the deceased, whether first -bed children or children from remarriage) and possible beneficiaries of a will or a donation.
Children of the first marriage cannot be disinherited by the new spouse
Children of the first bed are “reserved” heirs. They cannot be underprivileged and will benefit on the one hand from the succession which cannot be reduced beyond what is imposed by law. On the other hand, inheritance law does not grant any rights to the fine-child who are not considered as heirs.
Remarriage: Who affects the survivor’s pension?
When a deceased was remarried, the survivor’s pension is shared between her surviving husband and the husband (or the spouses) that he may have previously had the remarriage. The rights to the deceased survivor’s pension are distributed in proportion to the respective duration of each marriage. On the death of one of them, the share of the deceased increases the share of the other or, if applicable, other beneficiaries.
