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Chapter IIa: Marriage of French nationals abroad

Article 171-1 of the French Civil Code

A marriage contracted in a foreign country between French nationals, or between a French national and a foreign national, is valid if it has been celebrated in the forms customary in the country of celebration and provided that the French national or nationals have not contravened the provisions contained in Chapter I of this Title. The same applies to a marriage celebrated by the French diplomatic or consular authorities, in…

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Article 171-2 of the French Civil Code

When celebrated by a foreign authority, the marriage of a French national must be preceded by the issue of a certificate of capacity to marry drawn up after completion, with the diplomatic or consular authority competent with regard to the place of celebration of the marriage, of the requirements set out in article 63. Subject to the exemptions provided for in Article 169, the publication provided for in Article 63…

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Article 171-3 of the French Civil Code

At the request of the diplomatic or consular authority with jurisdiction over the place of celebration of the marriage, the hearing and individual interviews with the future spouses referred to in article 63 are performed by the civil registrar of the place of domicile or residence in France of the future spouse(s), or by the territorially competent diplomatic or consular authority in the event of domicile or residence abroad.

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Article 171-4 of the French Civil Code

Where there are serious indications that the intended marriage is null and void under articles 144, 146, 146-1, 147, 161, 162, 163, 180 or 191, the diplomatic or consular authority shall immediately refer the matter to the competent public prosecutor and inform the interested parties. The Public Prosecutor may, within two months of the referral, inform the diplomatic or consular authority of the place where the celebration of the marriage…

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Article 171-5 of the French Civil Code

In order to be enforceable against third parties in France, the marriage record of a French national celebrated by a foreign authority must be transcribed into French civil status registers. In the absence of transcription, the marriage of a French national, validly celebrated by a foreign authority, produces its civil effects in France with regard to the spouses and children. The future spouses are informed of the rules provided for…

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Article 171-6 of the French Civil Code

When the marriage has been celebrated despite the opposition of the public prosecutor, the consular civil registrar may only transcribe the foreign marriage record onto French civil status registers after the spouses have submitted a judicial release decision.

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Article 171-7 of the French Civil Code

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…

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Article 171-8 of the French Civil Code

When the formalities provided for in Article 171-2 have been complied with and the marriage has been celebrated in the forms customary in the country, it shall be entered in the civil status registers unless new elements based on serious evidence lead to the presumption that the marriage is null and void under Articles 144, 146, 146-1, 147, 161, 162, 163, 180 ou 191. In the latter case, the diplomatic…

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Article 171-9 of the French Civil Code

As an exception to articles 74 and 165, where the future spouses of the same sex, at least one of whom has French nationality, have their domicile or residence in a country that does not authorise marriage between two persons of the same sex and in which the French diplomatic and consular authorities cannot proceed with its celebration, the marriage is celebrated publicly by the civil registrar of the municipality…

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