What is an opposition to marriage?
Opposition to marriage is an act whereby a person who knows of an impediment to marriage notifies the civil registrar, forbidding him or her to celebrate the marriage.
When the public prosecutor has doubts about the sincerity of the planned union, he issues an opposition to marriage. To do so, he must comply with certain formal (art. 176 of the Civil Code) and substantive conditions.
With regard to substantive conditions, article 175-2 of the French Civil Code requires the existence of “serious indications leading to the presumption (…) that the marriage is likely to be annulled”.
In other words, it is up to the public prosecutor to prove that the planned marriage has a purpose other than marriage. It is then up to the public prosecutor to inform the civil registrar and the future spouses of his or her reasoned decision.
What are the effects of opposing a marriage?
Opposition to marriage prevents the marriage from taking place, as the civil registrar is forbidden to proceed (article 68 of the French Civil Code).
It is important to note that when a marriage opposition is lodged by the public prosecutor, it ceases to have effect only upon a court decision.
How to contest an opposition to marriage?
The future spouses can contest the opposition to their marriage filed by the public prosecutor’s office before the president of the judicial court, with a request for a release.
As the mainlevée deprives the act of opposition of its effectiveness, the marriage can finally be celebrated if the mainlevée is pronounced.
The court has 10 days in which to rule on a request for a release; it should be noted that its decision may be referred to the Court of Appeal, which must then rule within the same timeframe.
To do this, the future spouses must be represented by a lawyer.
The lawyers in the TERRAVOCATS network advise and represent future spouses before the courts in order to put an end to the infringement of their fundamental rights (freedom of marriage, principle of equal rights, non-discrimination).
Translated with DeepL.com (free version)
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