Chapter III: Objections to marriage

The right to object to the celebration of the marriage belongs to the person committed by marriage to one of the two contracting parties.

The father, the mother and, in the absence of father and mother, the grandfathers and grandmothers may lodge an objection to the marriage of their children and descendants, even those of full age. Once an objection to marriage lodged by an ascendant has been judicially dismissed, no new objection, lodged by an ascendant, is admissible or may delay the celebration.

In the absence of an ascendant, a brother or sister, uncle or aunt, cousin or first cousin, of full age, may object only in the following two cases: 1° Where the consent of the family council, required by Article 159, has not been obtained; 2° Where the opposition is based on the alteration of the personal faculties of the future spouse ; this opposition, which the court may declare purely…

The tutor or curator may object, under the conditions set out in article 173, to the marriage of the person he assists or represents.

The Public Prosecutor’s Office may lodge an opposition in cases where it could request the nullity of the marriage.

Where there are serious indications, based on the hearing or individual interviews referred to in Article 63, that the intended marriage is likely to be annulled under Article 146 or Article 180, the civil registrar shall immediately refer the matter to the public prosecutor. The Public Prosecutor is required, within fifteen days of the matter being referred to him, either to allow the marriage to proceed, to oppose it, or…

Any notice of opposition shall state the capacity which gives the opponent the right to lodge it. It also contains the grounds for the opposition, reproduces the text of the law on which the opposition is based and contains an election of domicile in the place where the marriage is to be celebrated. However, where the opposition is made pursuant to article 171-4, the Public Prosecutor shall elect domicile at…

The judicial court will rule within ten days on the application for release made by the future spouses, even if they are minors.

If there is an appeal, it will be decided within ten days and, if the judgment appealed from has dismissed the opposition, the court will have to decide even of its own motion.

If the opposition is rejected, the objectors, other than ascendants nevertheless, may be ordered to pay damages. Default judgments and rulings rejecting oppositions to marriage are not subject to opposition.