Section 3 : Transcription of a marriage celebrated abroad by a foreign authority

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171-5171-6171-7171-8

Article 171-7

French Civil CodeIn force
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Updated 8 Nov 2023

Where the marriage has been celebrated in contravention of the provisions of Article 171-2, transcription is preceded by a joint hearing of the spouses and, where appropriate, individual interviews by the diplomatic or consular authority. However, if this authority has information establishing that the validity of the marriage is not in question with regard to articles 146 and 180, it may, by reasoned decision, have the transcript made without first hearing the spouses.

At the request of the diplomatic or consular authority with jurisdiction over the place where the marriage was celebrated, the joint hearing and the individual interviews are conducted by the civil registrar of the spouses' place of domicile or residence in France, or by the diplomatic or consular authority with territorial jurisdiction if the spouses have their domicile or residence abroad. The performance of the joint hearing and the individual interviews may be delegated to one or more permanent civil registrars or, where appropriate, to civil registrars heading a detached chancery or to the competent honorary consuls of French nationality.

Where there are serious indications that the marriage celebrated before a foreign authority is subject to nullity under Articles 144, 146, 146-1, 147, 161, 162, 163, 180 or 191, the diplomatic or consular authority responsible for transcribing the record shall immediately inform the public prosecutor and shall stay the transcription.

The Public Prosecutor will rule on the transcription within six months of the matter being referred to him or her.

If he or she has not made a ruling by the end of this period or if he or she opposes the transcription, the spouses may refer the matter to the judicial court for a ruling on the transcription of the marriage. The court will rule within one month. In the event of an appeal, the court will rule within the same time limit.

If the public prosecutor requests, within the six-month time limit, that the marriage be declared null and void, he will order that the transcription be limited to the sole purpose of referring the matter to the judge. Until the latter's decision, a copy of the transcribed record may only be issued to the judicial authorities or with the authorisation of the public prosecutor.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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