Marriages in France. Documents for marriage in france, belgium. Witnesses and place of registration of marriage

For the French, getting married is a serious and deliberate decision. As a rule, French people get married after 30 years, the average age of marriage for women is 32 years, for men 35 years. In Russia, for comparison, the average age of marriage for women is 24 years, for men 27 years.

Usually, before the wedding, the couple has already lived together for several years and sometimes they even have a child and only then decide to get married. The wedding usually consists of a registration with the city hall and a wedding ceremony. If the wedding is an optional procedure, then registration at the mayor's office is mandatory.

In France, as in all of Europe, it is customary to conclude marriage contracts, which spell out the details of the division of property in case of divorce.

This is also due to the fact that divorce in France is a very long and costly process, and the marriage contract greatly simplifies this process.

Unfortunately, divorces are still quite common in France. But the marriage contract is optional. If the contract is not concluded, then in the event of a divorce, the jointly acquired property is divided between the spouses in half.

Preparation for marriage begins with a trip to the mayor's office at the place of residence of the bride or groom and filing an application for marriage. At the mayor's office, future spouses are given a list of documents required for marriage.

Usually on this day, you can choose the date of the wedding.

The most popular months for a wedding are May, June and September, so it is better to book a date for these months in advance.

Requirements for the bride and groom

To get married in France, future spouses must meet certain requirements.

1. The legal age for marriage is 18 for men and 15 for women. Age can be reduced in case of pregnancy (you must provide a certificate of pregnancy);
2. The bride and groom should not be close relatives;
3. For women who do not marry for the first time, at least 300 days must pass after the divorce, or a certificate of absence of pregnancy must be provided.

List of required documents

To register a marriage between a citizen (Coy) of Russia and a citizen (Coy) of France, it is required to provide a certain package of documents:

Documents from the future spouse - a French citizen:

1. A copy or extract from the birth certificate, made not earlier than 3 months in advance;
2. Divorce or death certificate of the spouse, if the marriage is not the first.
3. Identification;
4. A document confirming the place of residence;
5. Some city halls require a medical certificate.

Documents from the future spouse - a citizen of Russia:

1. Apostilled birth certificate translated into French by a sworn translator. The list of sworn translators from Russian into French is issued by the City Hall. The document must be made no earlier than 6 months before being submitted to the mayor's office;
2. Certificate of marriage and divorce or death certificate of the spouse, if the marriage is not the first. The documents must be translated into French and have an apostille;
3. Medical premarital certificate, if required;
4. The Cértificat de coutume is a certificate of eligibility to marry. It can be obtained from the Russian Consulate in France;
5. Photocopy and translation of the passport;
6. Photos for paperwork;
7. If a Russian citizen does not speak French well, a sworn translator must be present at the ceremony.

How is the ceremony

Usually the main ceremony is considered to be a wedding, to which all guests are invited. Registration at the mayor's office takes place in the first half of the day and only close family members and friends are present.

Family and close friends are present at registration at the City Hall

The invitation must indicate which of the guests is invited to the mayor's office, and who only to the church. Ransom and similar traditions do not exist in France. All guests immediately go to the city hall. Very often, for a wedding in the city hall, the bride buys a special, more strict dress or suit, and leaves the traditional wedding dress for the ceremony in the church.

The ceremony is conducted by the deputy mayor of the city and other employees of the mayor's office. They read articles from the French family code, the rights and obligations of future spouses in relation to each other. After the cherished "Yes", uttered by both spouses, they proceed to sign the documents.

When registering, two witnesses must be present, who also sign the documents. The ceremony lasts about 30 minutes, at the end of the ceremony a so-called Family Book is issued, confirming the marriage.

When all the formalities are completed, the newlyweds go home to get ready for the wedding or gala dinner.

The wedding is celebrated magnificently in a restaurant or at home, it is also very popular to rent a small castle to celebrate such a solemn occasion.

According to the rules, the guests themselves get to the place of the celebration and pay for the hotel themselves if they want to stay overnight. The rest of the care is taken by the newlyweds or their parents.

The program of the holiday is chosen by young spouses and it completely depends on their taste and wishes, but good food and expensive French wines are a must.

After the celebration, the newlyweds go on a honeymoon trip.

Wedding in France - VIDEO

Watch in this video how such a solemn event is celebrated in France.

Despite the religiosity of the inhabitants of France, weddings within the walls of the church are simply a beautiful tradition that many people in France revered. Only a secular, that is, a wedding made in the city hall has legal force.

Visit to the City Hall

To be married, a woman must be fifteen years old and a man eighteen. It is not easy to enter into a marriage union in France, for this you need to fulfill several conditions. To apply to the mayor's office, any of the future newlyweds must have lived in the district where they want to get married for at least 40 days. If future newlyweds live in different districts for more than 30, then it is allowed to apply for the conclusion of a marriage union in any city hall of each district. The wedding ceremony takes place at least 10 days after the application is submitted. That is, to apply for a marriage union, you need to live in the district for thirty days, but it will be possible to conclude a marriage only after forty days.

After you have submitted your application, a separate brochure will be issued by the City Hall, which will indicate all the documents required to register an official marriage in France. There is no translation of the brochure into other languages, it uses only French. It is also worth paying attention to the fact that original documents must be submitted, and when submitting copies, they must be notarized.

All documents must be submitted in French; otherwise, a sworn translator must be hired to translate and certify the required documents. The City Hall will help you find a sworn translator. Also, the contacts of a sworn translator can always be found at the local police station. A union is allowed to be concluded only after the publication of information on the conclusion of a marriage union in the local newspaper. The announcement will contain the following data: place and time of marriage registration, name of the future newlyweds and their addresses.

Information on the marriage union is published by the mayor's office, but before making the publication, the mayor's office must check and approve some documents. In some districts, the mayor's office requires all documents at once.

Any resident of the city can appeal against a marriage if he has information and reasons why marriage is impossible. You can get married in a church only after a secular marriage. In the church, you will be asked to present a marriage certificate certified by the mayor's office; if it is absent, you will be refused a wedding. It is also worth noting that upon marriage, the names of the spouses do not change. On all wife documents, the husband's surname is displayed as "the surname used".

List of required documents for marriage

To get married you need to go through a rather difficult process of collecting the necessary documents. For foreign women who wish to enter into an alliance with a resident of France, the following documents must be submitted to the municipality of the district:

• Passport. In order to get married, the passport must be valid; in other cases, your marriage registration will be refused. If desired, the passport can be replaced with a residence permit.
• Birth certificate. This document must be certified and translated by a sworn translator. In some states, instead of a birth certificate, a certificate is provided, which is issued at birth in a maternity hospital. In France, this system does not work and you need to provide an official, that is, provided in the registry, birth certificate.
• Proof of residential address. To prove that you live at the address you specified, you need a bill you paid for any of the utilities. In addition, a statement of payment for insurance, rent or communication services can be used as evidence. It is best to take 2-3 proofs.
• Certificate of the absence of obstacles. This document is required only from residents of other countries who wish to enter into a marriage union. This document can only be issued by a lawyer who trades both in France and in the home state of one of the future newlyweds. Usually you can contact the embassy for this document.
• Certificate of legal capacity. This document confirms that you are currently not married. This certificate has its own "shelf life" - three months. At the end of the term, you need to replace the certificate with a new one. This certificate must be provided only by citizens of other countries.
• Copy of divorce certificate or death certificate of past spouse. These documents need to be provided only if one of the future newlyweds was already in a marriage union. If you had children in a previous marriage, then you need to add a birth certificate for each child to the previous documents.

A certificate of passed medical examination is not required for marriage. When re-marrying, at least three hundred days must pass after the divorce, if this period has not passed, then you must provide a certificate of absence of pregnancy.

Wedding ceremony in France

The conclusion of the marriage union takes place at the city hall. Marriages in small towns are performed by the mayor himself, while in large towns he rarely holds a ceremony and the marriage is registered by his deputy. During the wedding, the mayor reads articles from the family code, the rights of spouses and their marital obligations. After that, he inquires about the existence of a marriage contract and writes this information into a special act.

The wedding can be carried out in the presence of witnesses. For an ordinary union, two witnesses are enough, but if the spouses wish, more can be invited. More than four witnesses cannot be invited. Each of the witnesses is required to prove their identity and appear at the ceremony itself. The witnesses do not need French citizenship, the main thing is that they must know French at least at an intermediate level. This rule was introduced so that the witnesses could understand the essence of the ceremony without an interpreter.

The mayor or his deputy has the right to remove witnesses who do not speak French at an appropriate level and to cancel the marriage.

Upon completion of the wedding ceremony, the newly-made spouses are issued a "marriage book" confirming the fact that the marriage has been concluded. All important events related to marriage will be recorded in this book, namely: change of name, birth of children, death of one of the spouses, divorce, etc.

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Introduction

The level of civilization of society, the authority of the state today, more than ever, is directly dependent on the position that the family occupies in society. The profound social changes in both Russia and France in recent decades have had a significant impact on the family as a social institution, as well as on society's understanding of its role in raising children.

Family law, being one of the independent branches of law, on the one hand, has all the features of law as such, and on the other hand, has its own specifics. Thanks to the norms of family law, the state protects the family, the interests of its members and its own interests.

Family law regulates a special kind of social relations - relations between people in connection with marriage, starting a family, having and raising children.

In a number of countries of the family of civil law, in particular in France, such an industry as family law does not exist at all, and the method of legal regulation of family law is the civil law method. Property legal relations in the family are regulated in the French Civil Code of 1804 (hereinafter - FGK).

The purpose of this work is a comparative study of the norms of family law concerning the conclusion and dissolution of marriage, Russia and France.

1. Conclusion of marriage

Most of the citizens who are in a marriage union live in a "civil marriage" (a marriage registered in the relevant government authorities without the participation of the church). It is interesting that in our country this term means a slightly different concept: when two people cohabit without any registration at all. The conclusion of marriage - its formalization and traditions, rituals, customs are diverse in different countries. In our country, marriage is usually a great holiday for both newlyweds and relatives and friends!

The conditions for marriage are:

voluntary consent of persons wishing to enter into marriage;

the attainment of the marriageable age by persons wishing to marry (as a general rule - eighteen years, but may be reduced to sixteen).

Marriage is not allowed:

if one of the persons is already in a registered marriage;

between close relatives;

between adoptive parents and adopted children;

if one of the persons is declared incompetent.

It should be noted that in France, unlike Russia, there is no strict distinction between legal capacity and legal capacity. In Art. 3 FGK applies the concept of "capaciti", which means both legal capacity and legal capacity. Legal capacity and legal capacity are usually inseparable and occur simultaneously, forming a single legal capacity. Civil legal capacity appears from the moment of birth, and in some cases even before the birth of a citizen. For example, Art. 906 FGK allows the possibility of making a donation in favor of an unborn child.

In France, the recognition of the full legal capacity of a married woman took place in the first third of the twentieth century. Recognition of the equality of men and women in legal matters, incl. political and legal, communication was enshrined in the post-war constitution immediately after the end of the Second World War in 1946, although family law demanded another systematization here in 1970.From this period, the wife was equated with her husband in the right to choose a place of residence, surname, profession and work, in the rights of raising children.

If a marriage is contracted on the territory of a foreign state or one of its parties is a foreign citizen, then difficulties will inevitably arise. Which right to choose so that no adverse legal consequences arise in the future?

There are two main “recipes” for solving this problem in the MPP:

Second, the decisive law to be applied is the law of the place of marriage (lex loci celebrationis). This system is simple and quite convenient, since it is not difficult to establish the place of marriage. Its only “minus” is the ability for interested parties to “circumvent the law”, ie. to enter into marriages where there are no obstacles established by their personal law. In order to eliminate such adverse consequences, the countries where the lex loci celebrationis system operates, pass laws, conclude bilateral agreements prohibiting marriage in a place other than the domicile of the spouses, if such a marriage would be invalid or contestable under the law of their domicile.

In France, marriages are concluded according to the first option, i.e. the decisive law to be applied is the personal law (lex personalis) of the spouses, which can be the law of nationality (lex patriae) or the law of domicile (lex domicilii) respectively.

The age of marriageable majority in France, like in Russia, is considered to be 18 years; girls between the ages of 15 and 18 can only get married with the consent of at least one of the parents, but the French government plans to abolish this rule. Non-French citizens are allowed to marry in France, however, divorced and widows (widowers) must wait 300 days after their divorce or the death of their spouse before they are allowed to marry or remarry (in case of pregnancy).

Each year in France, only about 50 marriages per 10,000 citizens are concluded - the lowest per capita rate in Europe. As in many Western countries, the average age for marriage is increasing and now stands at 30 for men and 28 for women, who, on average, have their first child by the age of 30. Almost 7.5 million French citizens live alone, one million of whom are divorced, moreover, their number is increasing every year.

Over the past two decades, the number of couples living in a civil marriage has almost quadrupled, to two million citizens (among Europeans, only the Swedes are less fixated on marriage). It is estimated that 40 to 50 percent of married couples have already cohabited for up to two years. Many couples do not bother getting married and just live together, but the French legal system distinguishes between partners living together “unofficially” (en union libre) and “officially” (en concubinage).

Those who formally live together enjoy the same legal privileges as married couples, including social security. To be eligible, you must (free of charge) obtain from the city hall a certificate confirming that you and your partner live together “as a husband and wife” (you need an identity card, proof of residence at this address and two witnesses), although the city hall does not are required to provide such a document. In this case, you can sign a "declaration of authenticity" (attestation sur l honneur) that these persons live together. The main disadvantage of informal cohabitation is that it is not recognized by French inheritance law, so partners cannot inherit things or items belonging to the other partner's relatives, and they do not receive any state pension in the event of the partner's death.

A civil marriage agreement that is signed in court provides some, but not all, of the legal benefits of marriage.

To get married in France, both partners need to write an application to the mayor's office of their city of residence at least a month in advance (they must live in this city for at least 40 - 30 days, plus ten days for the publication of the wedding announcement). The bride and groom must have one, or even two, witnesses, whose names must be provided to the city hall in which the ceremony will take place. Both partners must also provide their passports, residence permit (if necessary), birth certificates (with the stamp of the local consulate of the country affixed at least six months ago), proof of residence in France, and a medical certificate issued within the last two months. A divorced or widowed partner must provide an appropriate certificate of divorce or death.

You will also need a certificate of marital legal capacity (which implies that the person is not currently married, and has not taken a vow of celibacy!) Issued no more than three months ago by the embassy and a notarized affidavit (certificat de coutume) drawn up by a lawyer in the country residence, confirming the possibility of marriage. If young people want to conduct a ceremony in a church, it is necessary to find out what papers or documents must be provided, for example, a certificate of baptism. All documents must be legalized in the country of residence, and also translated into French by an experienced translator.

No more than two months before the wedding, the couple must pass a medical examination (certificat d examen m édical prénuptial), including blood tests and chest x-rays. Social security reimburses the cost. The primary task of a medical examination is to check if the partners' blood groups are compatible, although with the advent of AIDS, this procedure has a different meaning. The results are confidential and cannot interfere with the ceremony. If a divorced or widowed woman wishes to remarry within 300 days of the divorce or death of her husband, she must provide a medical certificate confirming her pregnancy. To conduct a ceremony in a church, you will need to complete a one-day wedding preparation course.

The couple will then be given a premarital certificate. The notice of the upcoming marriage (marriage announcement) is published ten days before the ceremony at the city hall where the wedding will take place.

A civil ceremony conducted by the mayor or one of his deputies must take place in France for the wedding to be legalized. Although about 50% of couples prefer a church “blessing” ceremony, it has no legal meaning and should take place after the civil ceremony. Marriages in France are free of charge, although some mayor's offices collect donations for local charities.

Copies of the marriage certificate can be obtained from the City Hall. Married couples are given a so-called “family book” (livret de famille), which records all official events, such as childbirth, divorce or death.

Since 2009, France has introduced a test of knowledge of the French language and French basic values \u200b\u200bfor applicants for immigration for family reasons (marriage to a French citizen, family reunification). Those who do not pass the test (as an example of a question on knowledge of French culture, the newspaper "20 Minutes" cites the question "Can a young woman work in France without the permission of her husband?") Will be offered 40-hour courses that tell candidates for immigration about life in France, preparing thereby their future integration into French society.

It should be noted that in France (as well as in Russia) same-sex couples cannot marry. In 2004, the first homosexual marriage in the history of the country was registered at the city hall of the French city of Begle. The family ties of 34-year-old Stephane Chapan and 31-year-old Bertrand Charpentier were tied by the mayor of the city, the leader of the "green" and ex-candidate in the presidential elections in France, Noel Mamer. However, this event caused a major scandal in the political and public life of France. The registration in France of the first homosexual marriage in history contradicts, according to lawyers, the FGK, since it does not allow people of the same sex to marry. Thus, from the standpoint of French law, such a marriage can only be considered fictitious.

2. Property relations in the family

Marriages are contracted under the matrimonial property regime (r égime matrimonial), that is, how the couple will own the property during marriage or after the divorce / death of one of the partners. If you were married in France, then the rules of the marriage regime apply to all your lands and land rights in France, regardless of your place of residence, as well as to all your capital if you live in France.

There are four types of matrimonial property regimes: two joint regimes (r ég ime communautaire) and two "separate" modes (r égime séparatiste). A communauté universelle ( the commonality of all property) implies joint ownership of all property items, as well as all debts, while a communaut é réduite aux acquêts ( commonality of jointly acquired property) implies that each spouse retains the right to property acquired before marriage (and property received after the dissolution of marriage in the form of inheritance or gifts), while property acquired in marriage is entitled to joint use by both spouses ... A s éparation de biens ( separate ownership of one's property) implies that no one jointly owns anything, and participation aux acqu êts ( participation in common property) implies that no one jointly owns anything, but if the marriage is dissolved, then all jointly acquired property is divided in half.

The marriage contract is optional, but highly recommended. The notary will charge the couple at least about € 300 for drawing it up. If a couple is going to get married in France, then a joint regime is most likely suitable for her. If a couple chooses a "separate" mode, then in this case it is necessary to detail in the contract how the property should be distributed. If you have been married or married abroad and are buying a house in France, the notary will ask you about the type of the last regime of your marriage, as well as whether there was a marriage contract at all.

If you did not enter into a contract, then presumably your marriage will be concluded under a joint regime. You can change your matrimonial property regime, but only after the expiration of two years after the conclusion of the marriage contract. However, the cost of changing any regime is quite high (up to € 3,000), so it is worth making sure that you choose the right regime before getting married. If you are unsure if you are well versed in the intricacies of French marital property regimes, seek the help of a notary.

It seems that the term "property of spouses", adopted in Russian family law, includes, on the one hand, the asset - "property of the spouses", which is property rights and obligations, and on the other hand, the liability - the obligations of the spouses for common debts. It is proposed at the legislative level to distinguish between the concept of "property of spouses" and "property of spouses" in order to avoid difficulties in their use.

Unlike Russian legislation, French legislation recognizes the alimony obligations of one of the spouses as a liability of the matrimonial property, that is, it includes them in the marital mass. It seems that this legal experience deserves the right to be accepted by Russian legislation, since the presence in the legislation of the norm on the inclusion of alimony obligations in the common property of spouses will to a greater extent protect the rights of creditors (persons claiming alimony).

Russian legislation does not contain provisions on the possibility of concluding a marriage contract by incapacitated and partially incapacitated persons. Although the likelihood of the conclusion of a marriage contract by these persons is extremely small, it cannot be ruled out altogether. The French legislator considered it necessary at the legislative level to regulate issues related to the conclusion of a marriage contract by incapacitated and partially incapacitated persons. In France, a marriage contract can be concluded by incapacitated or partially incapacitated persons, with the obligatory presence of persons who give their consent to the marriage, i.e. guardians and trustees (Art. 1399, part 1 of the FGK). Since the experience of using a marriage contract in the Russian Federation is still small, it is proposed to use the experience of France in a preventive manner. In order to avoid controversial situations in practice when applying the RF IC on the issue in question, it is necessary at the legislative level to clearly define the right of incapacitated and partially capable persons, to conclude a marriage contract, while observing certain formalities (such as the consent of guardians and trustees) ...

Russian law does not provide for the possibility of the conclusion by persons who are in actual spousal relations of a special agreement governing their property relations. Taking into account the increased number of unregistered marriages, it is proposed, through the publication of a special law, to provide the actual spouses with the opportunity to settle their property relations in a contractual manner. The experience of France can be used as an example.

FGK presents spouses with a number of responsibilities. Among them is the debt of help. That is, each member of the family, if necessary, should help the other financially. For example, in cases of illness, if you do not work, then the spouse takes part not only in household chores, but also he or she must satisfy your needs (clothing, transportation, etc.). There is also an obligation between some family members: the son-in-law and daughter-in-law (daughter-in-law) must support the father-in-law and mother-in-law (mother-in-law), and vice versa. But a son-in-law or daughter-in-law should not support the grandparents of his (her) spouse. There is also no obligation between the child from the first marriage and the second father or mother.

After the law of January 8, 1993, which entered into force on February 1, 1994, the judge in charge of family matters has the right to review the amount of alimony. In this case, the judge takes into account the funds of the defendant. If the defendant is married (married) or is in a civil marriage, this is also taken into account. At the same time, the judge considers what income and expenses he has. The amount of alimony fixed by the judge is always temporary. A revision, even a cancellation of this amount, may be requested by the judge, provided that the applicant confirms the new information about his funds. Therefore, if you are fired or out of work, then you have the right to persistently ask for a reduction in the amount of alimony. And vice versa, if you state about a significant improvement in the financial situation of the opposing party, then you have the right to demand from him an increase in alimony.

Finally, if the defendant evades the payment of alimony, then the law has the right to punish him. This offense is prescribed by the French Penal Code, the law punishes anyone who does not comply with a court order or an agreement confirmed by the court, does not pay a pension, tax or benefit granted on the basis of a family obligation in favor of a minor child, in favor of a descendant, in favor of a relative or spouse, living for more than two months without fulfilling this obligation ... Moreover, the punishment imposed will be severe: up to two years in prison and 100,000 francs of a monetary fine, temporary deprivation of parental rights.

3. Divorce

Divorce itself and its prerequisites is a complex matter, and if an international dimension is added here, it becomes even more complicated.

To obtain a divorce by “mutual consent” (divorce par consentement mutuel or divorce sur demande conjointe), the couple must have been married for at least six months. Other types of divorce can be called so - to agree to a divorce, but not to the consequences (divorce sur demande accept ée). These types of divorces are based on the “fault” of one of the spouses, for example, adultery, or on the end of the period of marriage (matrimony).

The reasons for the divorce do not have to be made public, provided that both partners agree on everything independently, for example, the division of property, custody of children, alimony and material support. Usually, the judge automatically grants the divorce, although he may grant a three-month grace period so that the couple can think things over. The spouses finally get a divorce after one or two months if the case has gone to court. A contested divorce must be heard in court.

Recently, France has the opportunity to terminate by divorce and civil marriage.

Divorce itself can be biased if both parties agree, or if the plaintiff is able to prove the so-called “mistakes” of the defendant, due to which life together is not possible. In the latter case, the divorce procedure can last in a light version (if there are no children or joint property) up to three years, in other cases - from three or much longer.

Interestingly, by law in France, spouses are required to live together until the first court decision.

In France, if at the time of marriage you did not work or do not work at the moment, then there is the opportunity to get a free lawyer, whose services are paid by the state. If you belong to the category of people with low incomes, then the state assistance will be partial (and this assistance is one-time, i.e. it is valid for the entire period of the process, regardless of the situation change). Women with children receive financial assistance from the state in the amount of the minimum wage for a year.

The divorce procedure initially consists of several sessions (the presence of both parties is required), during which the judge tries to reconcile the parties. Usually there are two such meetings if both spouses are present, otherwise there may be more. After that, the spouses are allowed to live separately and separate property is recognized, from that moment they are not responsible for each other's debts.

The further process is conditioned by the principle of the French legal system, according to which a person is obliged to prove his innocence in the event that any statements are made against him. It is advisable to adhere to the same version from the very beginning to the end, literally not changing anything, as this will gain time. If at least one of the parties adds at least some slightest element to the initial statement of facts, then the lawyer is obliged to submit the changes to the judge, who will transfer them to the lawyer of the other party, who, in turn, will provide them to his client with the question “What is he about is he thinking and what he wants to answer? "

When all possibilities have been exhausted, the judge will finally announce a divorce with the appropriate prescriptions: who owes whom and what. At the end of the process, in case of its loss, you need to pay something like compensation for damage to the other party, the amount of which is determined by the same court decision. Moreover, French law is trying to protect its citizens, so if the decision is not entirely in favor of the other (not French) side, you need to either accept this or file an appeal within 30 days from the date of the decision.

Interestingly, the French parliament passed a law according to which adultery no longer automatically provides grounds for divorce. This is the most significant reform of the French divorce law since 1975. Its goal is to simplify the onerous process whereby every two out of five couples who file for divorce bring charges of adultery rather than a consensual settlement.

Under a new law passed in 2007, only violence or equally serious breaches of marital obligations can be considered a reason for divorce. Although adultery had ceased to be considered a crime back in 1975, the need for judicial confirmation of the fact of treason for divorce led to ugly scenes, with testimony and the like. The initiators of the reform say it is a wild and archaic system, especially given how easy the French are with marital infidelity.

Conclusion

The problem of family and marriage is very wide and deep. This is a question for the whole society. The resulting fertility problem is acute in many countries, including Russia and France.

In French law, there is such a condition as the expiration of a certain period after the divorce or death of the husband for remarriage.

The most difficult issue is the regulation of property relations between spouses. FGK secured the regime of common property of both. Common property is characterized by the fact that it does not belong to one person, but to two or more persons. Disposal of property in common ownership is carried out with the consent of both spouses. As for the conclusion by one of the spouses of transactions for the disposal of common property, with the exception of immovable property, by one of the spouses, the rule applies: the consent of the other spouse to the transaction is assumed. No one can deprive the spouses of the right to jointly dispose of the common joint property.

In general, the post-war period in France was marked by some shifts in such a conservative area of \u200b\u200blegal communication as the family and personal-property relations in the family. However, the most acute problem of the Russian-French family is the question with whom the common child will remain in the event of a divorce. I think it is necessary to solve this problem on the basis of the Convention on the Rights of the Child, adopted on November 20, 1989 at the 44th session of the UN General Assembly.

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.Reshetnikov F.M. Legal systems of the countries of the world. Directory. M., 1993.

.French Republic. Constitution and statutes. M., 1996.

.20 minutes, No. 1560, February 13, 2009, Laure de Charette, “Des cours de fran ç ais pour immigr é s, chez eux ".

family law family divorce

To arrange an invitation for your friend, contact the OVIR at your place of residence. You will need to fill out a form, several certificates, a small payment, registration will take 2 to 4 weeks. You can also reserve him a hotel or apartment in your city.

Our clients can buy air tickets and get a visa without an official invitation from you. You will only need to register your friend's residence at your address in your OVIR upon his arrival, if you have reserved an apartment for him. In the case of a hotel, this registration is done by the hotel.

In order for you to come to France, you need to receive an official invitation from him (attestation d "accueil)... Information on how to arrange it can be viewed on our website by the link that you can pass to your friend: https://www.partner-services.com/femmes-russes-visa.php
To issue this invitation, you need to send him a scanned copy of your passport and provide your data in Latin letters:

nom - surname

prénom - name

né le (date of birth) à (place of birth: city, country)

nationalité - nationality

passeport n- passport ID

adresse - home address

List of documents for obtaining a visa to France

International passport, valid for cr. at least another 3 months after the trip;

Copies of all pages of the internal passport;

If there are - previous passports with visas; copies of Schengen visas for the last 3 years;

Completed questionnaire + 2 recent col. photographs on a light background 3.5 by 4.5;

Original and photocopy of honey. insurance policy for the entire trip;

Round-trip tickets;

An invitation + a written statement from your friend that he will bear all the costs;

Help from work about earnings + a statement from the bank about the availability of money in your account.

On the visa request form necessarily indicate together with the address the phone number of the inviter.

Getting married in France.

To get married in France, you need to collect the necessary documents. The very first and most important thing the groom must do is to contact the city hall of his place of residence and ask for a dossier for the marriage - dossier de mariage. In France, different city halls ask for different documents. Most city halls require the personal presence of the bride at the time of filing the marriage documents. At this moment, you also sign a document that you give your word of honor that you have no obstacles to marriage. Everything will be written in the dossier for the wedding.
Do not forget that you will need an internal passport and an international passport, valid for at least another 3 months after returning home. (After marriage, you will return to your home to obtain a 1-year visa at the French embassy, \u200b\u200band if your passport will soon become unusable, it is better to get a new one.)
If after the divorce you left your ex-husband's surname, then you will have to change it to your maiden name and get a new passport. In France, these are the rules - your maiden name will always be present on the documents, and the French do not understand what the surname of a stranger to you means in your passport.

To enter into a marriage in France, in order to submit documents to the city hall, the bride will need to:

Acte de naissance - Birth certificate. It is best to get a new duplicate of the birth certificate and apostille it. (In France, this document is valid for 6 months, and if it was issued a long time ago, then you may have to take a document from your consulate that your birth certificate is valid for life.)


Certificat de coutume - Certificate of eligibility for marriage. It turns out in France at the embassy of your country. Have both passports with you - internal and for abroad, if you were married - then a certificate of divorced marriage and a certificate of divorce.
Certificat de celibat -certificate that you are single. For those who have not been previously married. It turns out in France at the embassy of your country together with "Certificat de coutume". Sometimes this is combined into one document - Certificat de coutume et celibat. A police clearance certificate is required for Kazakhstan.

For Ukrainian women, you need to make a document at a notary in Ukraine stating that you have no obstacles to marriage - notaries know the text, you do not need to put an apostille. If you didn't, then it's okay - your Certificat de celibat at the embassy will cost a little more, but your presence will be needed to verify your signature. Payment by check.
These two certificates (coutume et celibat) can be requested by mail by sending a check to the name of the Ukrainian embassy (signed, but not dated, 100 € if urgent, 50 € within a week, specify the amount), a copy of the homepage abroad. passport, a copy of the divorce certificate (if you were married), an application addressed to the consul with a request to send a certificate by mail, an original document from a notary and an envelope with your fiancé's address.
Consulat d "Ukraine a Marseille: 38 rue Roux de Brignoles 13006 Marseille FRANCE tel. 04.91.63.65.99
a Paris: 21, avenue de Saxe 75007 Paris FRANCE tel: 01.43.06.07.37

For Russians a document from a notary at the embassy is not required, but your presence is required with two passports - domestic and foreign. Both certificates are issued after three days, you can request and pay at the embassy for their postage. A bank card is required to pay for certificates. The Russian embassy in Paris must be registered in advance on their website - an entry and a page with the information you need
You need to take two certificates:
1. Certificate of civil status for marriage (certificat de coutume / celibat)
2. Certificate stating that duplicate documents of the registry office are issued only once due to their loss or damage
(if your birth certificate was issued more than 6 months ago)

If your fiancé lives in the south, it is better to go to the Russian consulate in Marseille.
Consulate in Strasbourg: 6, place Brant 67000 Strasbourg; Tel. 03.88.36.73.15

if you were already married

• Jugement de divorce - Divorce certificate.
• Certificat de mariage- Certificate of previous marriage (from the registry office in which he was registered) with indication of information about the dissolution of this marriage, if necessary - about changing the name, etc.

and you may also need:

Casier judiciaire -Certificate of no criminal record (For residents of Kazakhstan - upon receipt of a certificate d kutyum at the embassy). Apostille is not necessary.

Certificat de domicile- Certificate of residence. A certificate from the house management that you live at such and such an address does not need to be apostilled.

Procedure:

Apostille on a birth certificate and certificates from the registry office about all previous marriages and divorces. Apostille is a seal that legitimizes documents and is recognized in the countries - participants of the Hague Convention. This act is called "legalization of documents". Apostille on a birth certificate is put in the city where you were born, on certificates from the registry office - in the city where the registry office is located, possibly in the registry office itself.


Can make transfers in your country with a licensed translator. Then certify the translation with a special notary (the translator has a list of these notaries)... Then apostille all translations. Translations are apostilled by the Ministry of Justice.
Some city halls only accept translations made by a sworn translator in France.Ask the groom to clarify this issue in his city hall.

The best way to do it is:put in your country apostilles on the originals of the required documents (except for a certificate from the house management) and having arrived in France, order all translations here (do three translations of the birth certificate at once, you will need them later), then the translations will already have all the necessary stamps, and it's pretty fast; take certificat de coutume / celibat from your country's embassy in France (don't forget your internal passport). If you come to France for a month or more, you can manage to register a marriage during this time by submitting documents and passing an interview at the mayor's office - if the mayor's office does not mind, then 2 weeks after submitting the application and publishing "les bans" you can already register the marriage ... You can draw up a power of attorney from a notary in advance to receive your documents to a loved one, who, if something happens, will be able to receive the missing documents for you, affix an apostille and send them by fast mail.

After submitting the documents, the mayor's office publishes an announcement of the upcoming marriage (les bans). Marriage can be contracted 10 days after publication (and up to 3 months). 10 days after the announcement is published, if there are no objections, the mayor's office sends a certificate of no objections to the embassy of your country - certificat de non-opposition... You can ask him to give it to the groom so that he can send it to you by mail. After that, you can get a bride visa.

List of documents for a bride visa at the French Embassy in Russia

Title de transport / Copy of purchased tickets

Assurance medicale provisoire / Medical insurance for 90 days

Prior to marriage, the mayor's office conducts interviews with the bride and groom, together or separately. If the bride is abroad, then the interview can be conducted at the consulate of the country where she lives. The interview is necessary in order to make sure that you know each other well, that your answers coincide, that your decision is deliberate and the marriage is not fictitious.

During the interview, you may be asked questions:

name, surname of the groom, education, who does he work, date of birth, age, home address, location in France - which big city is nearby? Does he own a place to live or rent? house or apartment? ...

when and how did you meet him, when and where was your first meeting, how many times did you meet, are you familiar with his family, who is his family - parents, brothers, sisters? Has he been previously married? Does he have children and what age? ...

what are you going to do in France, do you want to have children in common (how many, when), what hobbies do you share with him, how will you share household responsibilities? ...

Information about what documents your future spouse needs to complete can be found on our website in the information in French: https://www.partner-services.com/femmes-russes-visa.php, you can simply give him this link.

After marriage You will need to return to your home country and obtain a 1 year visa from the French Embassy, \u200b\u200bbased on your marriage certificate. Under the new rules, for this visa, you now need to pass an exam on knowledge of the basics of the French language.
If you changed your surname in a previous marriage, then you will also need a birth certificate and a certificate of past marriage (as a basis for changing your surname) for the embassy, \u200b\u200bwith apostilles and translations into French.

Tatiana Maziller

Package of documents:

• russian civil passport with the bride's maiden name;
• passport for maiden name;
• a duplicate of the birth certificate with an apostille affixed (no later than 6 months);
• a certificate of eligibility for marriage, obtained at the French consulate in Russia;
• evidence that they were not married; both last documents are paid by credit card at the Russian embassy in Paris or Marseille;
• divorce certificate;
• a certificate from the registry office about a previous marriage, indicating information about a divorce, change of surname;
• a certificate of no criminal record that does not require an apostille;

certificate from the place of residence from the house management, certifying the place of residence (without apostille).

Apostille is a seal that legitimizes a document valid in countries that have signed the Hague Convention. Apostille gives the right to legality of documents.

Sequencing

1. Translations of documents made in Russia are not always valid for France, it is better to do them in the homeland of the chosen one in a specialized translation bureau and notarized.

After receiving documents for registration, the French mayor publishes the expected marriage in the media. Registration takes place 10 days after notification. The mayor's office sends a certificate of no protest to Russia.

Documents required to obtain a bride visa at the French consulate in Moscow

The future spouse should send you:

• announcement of the mayor's office about the upcoming marriage registration;
• a photocopy of his passport;
• personal invitation;
• a photocopy of an income statement;

evidence of a man's existing functioning bank account.

The following documents are submitted to the French Embassy in Moscow along with these documents:

• completed visa form;
• two photographs in shape;
• both passports with copies of the first page of the passport and a copy of the first page and registration of the Russian passport;
• copy of purchased tickets;

medical insurance for 90 days.

Before marriage, the city hall interviews the bride and groom separately. The purpose of the conversation is to convince the specialist that both know each other well and do not pursue the goal of concluding a fictitious marriage. The answers must match.

Interview questions:

• name, surname of the groom;
• by whom and where does he work;
• date of Birth;
• home address;
• location close to major cities;
• whether there is own housing available or only rented;
• when and where did you meet him;
• when and where did you first meet;
• how many meetings were there;
• are you familiar with his parents, children, friends;
• whether he was previously married;
• are there children and what age;
• what are you planning to do in France;
• do you want to have common children;
• what interests coincide with yours;

how you will share household chores.

Attention! After registering in France, the Russian bride must immediately return to Russia to obtain a one-year-old visa at the French embassy in Moscow. It is also necessary to pass an exam on knowledge of the basics of the French language there.

When married, the husband's surname is added with a hyphen to the maiden name in the passport. The double surname is used in all documents.

Long-term visa for the spouse of a French citizen

You must personally submit documents to the embassy in Moscow, having arrived by appointment at the visa center, where documents will be issued confirming the acceptance of the dossier.

Important! If you are planning to move to France with a minor child from a previous marriage, documents for it are accepted at the French Embassy in Moscow in the presence of all applicants and the child. Appointment by t. +7 499 703 49 74 ... All documentation is submitted in Russian. In addition to the passport, notarized translations into French are also provided.

You need to submit:

• oFII form;
• long-term visa application forms;
• photos;

foreign passports, civil passport (copies of all completed pages).

Marriage documents

• if the marriage was contracted in France, it is required integral copy marriage certificates issued no more than 2 months ago and a family book;
• if the marriage was contracted in another country, you will need integral copy of transcription marriage certificates at the French consulate, civil registry and family book;
• document confirming the spouse's French citizenship (national ID card, biometric passport, etc.);

there is no consular fee.

When a woman's surname is changed before marriage, acts of civil status are provided - certificates of birth, marriage, divorce, change of name, death of a spouse.

Long-term "guest" visa for minor children

Issued as an exception. As a general rule, a family reunification procedure must be requested after 18 months of residence in France. Registration for submission of documents takes place by calling the visa center +7 499 703 49 74 ... The presence of the child in person is obligatory, accompanied by one of the parents, at the French consulate in Russia. All documents in Russian and French, notarized.

You must provide:

• long-term visa application forms;
• 3 photographs in shape;
• international passport (copies of all completed pages) + civil passport;
• documents confirming the relationship with the child (birth certificate); in case of a discrepancy between the mother's real surname and the one indicated in the child's birth certificate, the relevant documents must be provided;
• family book, marriage certificate of the child's parent with a French citizen or its transcription if the marriage was not contracted in France;
• document confirming the French citizenship of the child's parent's spouse (national ID card, biometric passport, etc.);
• confirmation of solvency (salary certificates for the last 3 months, tax declaration, bank certificate;
• obligation to accept the costs of the child's stay in France (from the Russian parent and his spouse);
• living conditions in France - lease / property agreement + receipts for payment of utility bills;
• a notarized permission to leave the country for permanent residence in France from the second parent (issued no earlier than 3 months before the filing date; a copy of his civil passport;
• for children over 6 years old, an enrollment in an educational institution or a letter of commitment from parents about the subsequent enrollment of the child in school;

consular fee - 99 Euro in ruble cash.

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