What is the publication of wedding banns in France?
The subject of the publication of the banns is to bring to the attention of third parties the project of union of two people and to allow any possible opponent to manifest themselves before marriage.
Definition of the publication of banns
Bans publication is a Official announcement made by the civil status officer In the town where each future spouses at their home or at their residence. This formality is imposed by the French Civil Code in its article 63, and meets an advertising requirement, guaranteeing the transparency of the matrimonial act.
This publication allows anyone who knows a legal impediment (as a still in force or a prohibited relationship) to report it to the administration by Opposition to marriage.
Special cases and possible exemptions
The non-publication of banns or their irregular publication can cause theWedding cancellation If a third party demonstrates that he has been deprived of his right to form opposition for legitimate reasons. However, in the absence of proven damage, this irregularity does not automatically lead to the nullity of the marriage.
What is the point of publishing the benches before getting married?
A role above all preventive
By making public the intention of the spouses, it gives the possibility to any person holding legitimate information – for example the existence of a legal impediment (Bigamy, prohibited kinship) – to oppose it before marriage is celebrated. She thus participates in the Legal regularity of the Union.
A stage of the wedding file
It also constitutes an essential step for the issuance of the certificate of marriage capacity, a document required for the French wishing to marry abroad or with a foreign national (e). So it’s a essential formality In the investigation of the wedding file, whether celebrated in France or internationally.
A good faith act
The publication of the banns attests that the spouses declared their free and enlightened will to get married. This is particularly important in the fight against white marriages or forced marriages, which affect individual freedom. The publication thus contributes to the protection of people and the moralization of the matrimonial institution.
What is the legal age of marriage in France?
18 years old
In France, the legal age to get married is to 18 years For both spouses, whatever their gender. This rule is fixed by article 144 of the Civil Code, which has: “Marriage cannot be contracted before eighteen years. This age condition aims to guarantee the legal and personal maturity of future spouses, and the freedom of their consent.
Exception: the marriage of a minor
The marriage of a minor is exceptionally possible, but only in the event of serious reasons (for example: pregnancy, imperative medical or family reasons) and provided you obtain a exemption granted by the public prosecutorwith the express authorization of parents or the legal representative.
These cases are extremely rare and strictly supervised since the 2006 reform, reinforced by the law of 2021 relating to the protection of children, which fights in particular against forced or early marriages.
No marriage without age condition
Any attempted marriage below 18, without exemption from the prosecutor, is null. In addition, the civil status officer will refuse to proceed with the celebration, even if the marriage file is filed while respecting the imposed steps.
Is it mandatory to publish wedding banns?
The publication of banns is in principle compulsory. However, the law provides certain derogations. The public prosecutor may provide publication in the event of a serious reason, for example when one of the future spouses is in danger or in an emergency situation. This exemption remains rare and strictly framed.
What are the other obligations before publishing the banns?
Before the publication of the banns could be launched by the town hall, the future spouses must fulfill several steps, in order to guarantee the validity of the marriage. The civil status officer verifies that each of the spouses fulfills the legal conditions To get married in France:
- Legal age: 18 years minimum (or exceptional exemption with parental authorization).
- Legal capacity: Protected adults must sometimes obtain authorization from their curator or judge.
- Free and informed consent: no pressure or constraint must have been exercised.
- Absence of prohibited kinship link (incest, consanguine union).
- Lack of marriage in progress: None of the two spouses must already be married (in France or abroad).
What is the deadline for the publication of banns before marriage?
The mayor of the commune in which the marriage must be celebrated must, within an imperative period of ten days before the celebration datedisplay the identity and contact details of each of the future spouses and bring the signature of the civil status officer editor.
How long does the Bans publication last?
Bans display time
The publication of banns must be displayed at the town hall for ten consecutive days. This period applies in each municipality where one of the future spouses has his home or his residence. During this period, any person can formulate opposition to marriage, in accordance with the law (article 66 of the civil code).
Bans validity
Once the approach has been carried out, marriage must be celebrated in a period of a year. If this period is exceeded, the banns become deciduous, and a new complete publication procedure must be initiated, with filing of a new marriage file with the town hall. This limit aims to ensure that the information made public remain reliable and current.
Where are wedding banns published?
Publication of wedding banns in town hall
The publication of the banns is affixed outside the town hall in which the celebration of marriage should take place, as well as to the town halls of the respective homes of future spouses. If the future spouses have the same home, the publication of the banns is made at the town hall of their municipality of residence, but if the domicile is different, the publication is made in the two municipalities.
Bans publication marriage in line
Some municipalities offer a Additional publication on their sitefor the sake of transparency and accessibility. However, this digital publication has no legal value: it in no way replaces the compulsory physical display in front of the town hall. It is simply an informative service that is not systematic.
What documents to provide for the publication of banns?
Constitution of a wedding file in town hall
You must first make an appointment with the town hall where civil marriage will be celebrated. During this meeting, future spouses must fill out a marriage declaration form And put all the necessary supporting documents (birth acts, domicile proofs, identity documents, information on witnesses, etc.).
Documents necessary for the request for publication of wedding banns
In order for the publication of the banns to take place, the future spouses must give the town hall a complete file. A specific list is provided when making appointments. It is recommended to Prepare these documents in advance To avoid delay in the procedure:
- Valid identity documents (identity card, passport, etc.).
- Domestic support or residence (dating less than three months).
- Full copies of birth acts (less than three months, or six months for a foreigner).
- Witness information: names, first names, addresses, professions, dates and places of birth.
- Certificates on honor (celibacy, residence, accommodation if necessary).
- Additional documents according to specific situations (divorce, widowhood, foreign nationality, emancipation, etc.)
Launch of the publication procedure
Once the complete file has been accepted, The civil status officer is publishing the banns. This is made at the town hall where the marriage will be celebrated, and, if necessary, at the town hall of the home or the residence of the other spouse, if it does not reside in the commune of celebration. Bans are displayed for ten consecutive days, on official panels outside the town hall.
In case of marriage to a foreign national (e) (era)
At the consulate or the embassy
If one of the future spouses usually resides outside France, the publication of banns is carried out either at the consulate or at the French Embassy in the foreign country. The town hall where the marriage must be celebrated must contact the consulate/embassy to check if the publication is necessary in the country of residence of the national.
If the publication of banns is compulsory, the civil status officer must inquire about the deadlines to be met, because they can be different from country to country.
For foreigners resident in France
In the event that the foreign national resides in France, Foreign law is not competent. In reality the civil status officer must nevertheless await the transmission of non-opposition certificates and ensure that the consulate that the publication of the banns has been carried out in the country of origin of the husband concerned.
What happens in the event of opposition to marriage?
Compulsory archiving of banns
The publication of banns must be archived In the marriage file and the certificates of non-opposition to marriage are annexed to it. In the absence of these certificates, marriage could not be celebrated.
A release procedure in the event of opposition
If there is an opposition made against the Union, a release procedure must be initiated before any celebration. In practice, alone A certain category of people can oppose marriage, following the publication of banns:
- the public prosecutor, following an opening of a file on suspicion of nullity;
- The husband or wife of one of the future spouses, who disputes this new union while the previous one is still in force;
- parents of future spouses, for any reason;
- Parents of one or more minor spouses, if they have not consented to the union.
Married procedure in the face of opposition
The opposition to marriage is carried out by a bailiff’s feat, addressed both to the future spouses and to the mayor of the town where the union must be celebrated. Upon receipt of this opposition, future spouses must contact the tribunal de grande instance from their home and ask for the release. The judge seized before deciding within ten days.
How to consult the publication of wedding banns?
Town hall
The banns are displayed on the panels located at the entrance or near the town hall. The consultation is Free, without formality : Just go to the town hall during opening hours or read the external display. They indicate the names, first names, professions, homes or residences of future spouses, as well as the planned place of the marriage.
Online consultation
Certain town halls (not all) set up an additional publication on their website, in a dedicated section (often entitled “civil status”, “legal publications” or “wedding banns”). This digital version allows check out The weddings to come in the town, which can be useful for relatives or those concerned residing far.
With the civil status service
It is also possible to contact the town hall directly By phone, mail or email To ask if banns have been published on behalf of certain people, especially if the publication is recent. The town hall can indicate whether the banns are displayed, but it is not required to transmit a copy electronically or postal.
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