Best Marriage Lawyers in Besançon

About Marriage Law in Besançon, France

Marriage in Besançon, like the rest of France, is governed by the French Civil Code. It emphasizes both the contractual and social dimensions of marriage. To legally marry in Besançon, couples must comply with French law, which includes obtaining a marriage license from the local town hall (mairie) and conducting a civil ceremony. The ceremony must be performed in a public setting, attending by at least two witnesses, and conducted by a legal authority, usually the mayor or a deputy. After the civil ceremony, couples may choose to have a religious ceremony, but it will have no legal standing.

Why You May Need a Lawyer

There are several situations where one might seek help from a lawyer regarding marriage in Besançon:

• Pre-nuptial Agreements: Couples considering pre-nuptial agreements will need legal guidance to ensure the document abides by French law and protects their interests.
• International Marriages: When one or both individuals are not French citizens, legal advice is often required to navigate residency laws, dual nationality issues, and potential future relocations.
• Divorce Proceedings: In the unfortunate event of a marriage dissolution, a lawyer can guide you through the complexities of divorce proceedings, asset division, and custody agreements.
• Marital Rights and Obligations: To understand the legal implications and obligations within a marriage, such as financial responsibilities, it might be beneficial to seek legal advice.

Local Laws Overview

In Besançon, key aspects of marriage laws that may be particularly relevant include:

• Residency Requirements: At least one of the parties must reside in the commune where the marriage is to take place.
• Marriage Bans: A public notice of the intended marriage must be displayed at the town hall for a minimum of ten days before the ceremony.
• Prohibited Marriages: French law prohibits marriages between close relatives, and a marriage must not contravene any existing marriages (bigamy is illegal).
• Legal Age: The legal age for marriage is 18 years old, although individuals aged 16 and 17 may marry with parental consent and judicial approval.
• Documentation: Couples must provide documentation, including birth certificates (issued within the last three months), proof of residency, ID, and possibly a certificate of celibacy or no-impediment.

Frequently Asked Questions

What documents do I need to get married in Besançon?

Documentation must include a recent birth certificate, proof of residence, identity documents, and possibly an attestation of celibacy if non-resident.

Can foreigners get married in Besançon?

Yes, but additional paperwork and certifications might be required depending on your country of origin, verifying your legal status and ability to marry.

What is the process for scheduling a marriage ceremony in Besançon?

You must contact the mairie where the marriage will take place to arrange the date and submit all required documentation.

What is the role of witnesses in the marriage ceremony?

Two to four witnesses must attend the ceremony. They must be adults and present valid ID. Their role is to attest to the marriage's validity.

Are religious ceremonies recognized by the state?

No, only civil marriages conducted by state authorities at the mairie are legally recognized in France.

Is there a waiting period for getting married?

The waiting period is typically the time required to issue banns, around 10 days after fulfilling all administrative requirements.

Is same-sex marriage legal in Besançon?

Yes, same-sex marriage has been legal in France since 2013.

How can I register my marriage in another country?

You will need to contact the relevant authorities in that country with proof of your French marriage certificate and possibly complete additional requirements.

What are the implications of marriage on residency status?

Marriage to a French citizen can influence your residency status, potentially making it easier to obtain residency and eventually citizenship, under specific conditions.

How are marital assets divided in the event of a divorce?

Assets are divided according to the matrimonial property regime chosen (community, separation of property, etc.) during the marriage contract.

Additional Resources

For further assistance and resources, you may consider the following:

• French Ministry of Justice: Provides comprehensive information and guidance on marriage laws and procedures.
• Local Town Hall (Mairie) in Besançon: The first point of contact for marriage registration and ceremony scheduling.
• Consulates/Embassies: Can provide specific guidance for foreign nationals seeking marriage in France.
• Family and Community Lawyers: Specialists in marriage contracts, divorce, and family law matters.

Next Steps

If you need legal assistance with marriage-related matters in Besançon, consider following these steps:

• Contact a family law attorney with expertise in French marriage laws for personalized advice.
• Visit the local mairie to understand the specific administrative procedures and obtain necessary documentation.
• Prepare all required documents and schedule appointments with any required officials or bodies in advance.
• Consider seeking help from legal aid organizations if cost is a barrier to obtaining legal counsel.