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Family law and couples

Legal requirements towards a civil marriage

Before the civil ceremony, the officiant notary must make sure that both intended spouses have reached the required age of 16 years or more, and that they have never been married before, or if they have, that the previous marriage was dissolved by means of death, divorce or annulment. Note that a decree of judicial separation does not annul the marriage. A judgment of divorce must be obtained before the person can remarry. The notary will take care to ask for the required proofs of identity and marital status before the marriage.

If an intended spouse is younger than 18 years, the notary must obtain the consent of the parent or tutor.

Because the marriage must be “publicly” contracted, a notice of marriage must be posted where the ceremony will be held as well as at the courthouse nearest to that place for the 20 days preceding the date of the ceremony. This form of “publicity”—the notice of marriage—replaces the traditional “publication of the bans.” An exemption from publication can be obtained for serious cause.

When meeting with the notary, the notice of marriage is prepared and, at this time, the intended spouses must be accompanied by a witness of major age known to the couple. This witness does not have to be one of the witnesses for the ceremony itself. However, they must know both intended spouses. If not, two witnesses are required. The role of the witness at this meeting with the notary is to attest to the accuracy of the information in the notice of marriage (names and dates and places of birth for the intended spouses).

A meeting with your officiant/notary is also a good opportunity to discuss your choice of matrimonial regime by marriage contract. By law, marriage contracts must be notarized. For more information on this, consult the pamphlet on matrimonial or civil union regimes.

When preparing to meet with your notary, make sure to collect all required documents and to ask someone you know to act as witness to the notice of marriage.