Can the City Council refuse a marriage file?
Verified 06 June 2019 - Directorate for Legal and Administrative Information (Prime Minister)
No, she doesn't have the power. Once the marriage file presented to him is complete, the town hall must accept it and proceed to its registration.
If there are serious indications that the marriage might be annulled by the courts, the mayor must ask for one without delay prohibition on public prosecutor..
He must notify the persons who have filed the marriage file of his action in writing.
If a mayor refuses a marriage file without immediately notifying the public prosecutor, future spouses must notify both the prefect and the public prosecutor.
Who shall I contact
The public prosecutor then decides, within 15 days of referral, whether the marriage will be celebrated or not. If he decides to postpone the celebration, while waiting for the results of the investigation he has to carry out, the period of reprieve is 2 months maximum (1 month renewable 1 times). Upon the expiry of the stay, the public prosecutor shall inform the registrar, by a reasoned decision, whether he allows the marriage to proceed or opposes its celebration.
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If the prosecutor allows the marriage
The mayor is obliged to celebrate it.
If the prosecutor forbids marriage
If it prohibits marriage, persons wishing to marry may challenge the decision before the court, which shall act within 10 days.
Who shall I contact
- Civil Code: Articles 172 to 179Objections to marriage (arts. 175-1 to 179)
- General code of local authorities: Articles L2122-7 to L2122-17Sanctions against a mayor or deputy (Articles L2122-16 and L2122-17)
- General code of local authorities: Articles L2122-27 to L2122-34Function of Civil Registry Officer (Articles L2122-32 to L2122-34)
- Circular of 13 June 2013 on the consequences of unlawful refusal to perform a marriage (PDF - 74.1 KB)