Meaning of "domicile" for marriage in France

[allanb]

The daughter of some friends of ours is about to get married, and would like the ceremony to take place in the local commune here in France, where she and her parents have many friends.  

Her parents, originally British, have lived here for many years and are now French citizens.  She was born in the commune and spent her childhood here, but moved to the UK as an adult and is now resident there; she is still a UK national.

The local mayor says he doesn't think she can be married here.

A search produced the following statement on a legal advice website:

 

Le mariage devant l’officier de l’état civil suppose que l’un des futurs conjoints ait un domicile ou une résidence dans le ressort de compétence de cet officier. A défaut, le mariage ne peut être célébré en France.

I know, roughly, the difference between "domicile" and "residence" in English terminology, but I suspect that it's not the same in French.

I don't think there's any doubt that she doesn't have une résidence here; the question is what is meant by un domicile.  Does anyone know whether the meaning of domicile could properly include her situation?  In other words, does she have any good reason to oppose the mayor's opinion?

[Will]

This is yet another case where in France the terms 'residence' and 'domicile' are virtually interchangeable, whereas in Britain there are distinct differences.

I have to say I wasn't aware that the rules were generally applied quite so strictly; according to the British Embassy in France it is only necessary for one of the partners to have lived in the commune for at least 40 days - maybe this can be arranged? The Embassy site also clearly outlines the other requirements. If her parents are long-term residents and French citizens and she was brought up in France then I would have thought there would be some room for manoeuvre anyway?

[Clair]

Without going into it deeply, I read résidence to mean "property" and domicile to mean "usual address".

[quote]Le mariage est célébré dans la commune où l'un des deux futurs époux a

son domicile ou sa résidence établie depuis un mois au moins

d'habitation continue à la date de la publication prévue par la loi.

L'officier de l'état civil va s'assurer que la personne

qui lui demande de célébrer son mariage a des liens durables avec la

commune et peut justifier d'une adresse dans le ressort de sa

circonscription.

source[/quote]

The prospective bride would be required to reside in the commune for a minimum of one month prior to the publication of the bans.

The bans themselves have to be published for a minimum of 10 days and the marriage can take place on the 11th day at the earliest.

[Albert the InfoGipsy]

[quote user="Clair"]Without going into it deeply, I read résidence to mean "property" and domicile to mean "usual address".

[quote]Le mariage est célébré dans la commune où l'un des deux futurs époux a son domicile ou sa résidence établie depuis un mois au moins d'habitation continue à la date de la publication prévue par la loi.
L'officier de l'état civil va s'assurer que la personne qui lui demande de célébrer son mariage a des liens durables avec la commune et peut justifier d'une adresse dans le ressort de sa circonscription.

source[/quote]

The prospective bride would be required to reside in the commune for a minimum of one month prior to the publication of the bans.

The bans themselves have to be published for a minimum of 10 days and the marriage can take place on the 11th day at the earliest.

[/quote]

The second part of Clair's French quote sounds like it would cover your requirements. When I first married my French wife she actually lost her French nationality until she swore that she would be retaining links with her family and France in general. So 'des liens durables avec la commune' and  'une adresse dans le ressort de sa circonscription' should be OK based on her (now French) parents living in the commune. I can't see any way round the one month residence requirement apart from a bit of blind eye which seems unlikely given the maire's attitude. This is why we got married in England.

[allanb]

Thanks for all the replies.

The 40-day residence may be the problem.  I understand that the young lady has a permanent job in the UK.  Still, it seems there may be some room for negotiation if the mayor is flexible.  I'll pass on the information.

[Gardian]

They might want to try asking for a copy of a lttle booklet Guide des Futurs Epoux: I would imagine that it is a national document & should be available at all Mairies. It lays out all the documentary requirements and has a specific section regarding non-French nationals wanting to marry in France.

The residency rule is, as has been pointed out, something that the Mairie can turn a blind eye to. The couple's address can simply be quoted as that of their resident parents. The reason for the rule is to prevent any Tom, Dick or Harry turning up at the Mairie and asking to be married. If the couple's bona fides are clear and all the other documentary requirements are satisfied, then (with a willingness on the part of the Maire) there would be no problem. Nobody is going to come round and check that they're there for the period in question.

The biggest issue might be timing. You say that they are "about to get married". Given that you probably need at least a month from the word 'go' to get all the docs lined up (and you need all of them before the banns are displayed one month before the wedding), then 2 months is probably the minimum lead time.

Plenty of detailed info on the requirements on other earlier threads, but don't hesitate to ask for more help if needed.

  

[allanb]

Thank you.