Did you know? Marrying a dead person is possible in France
Posthumous marriage is permitted in a unique legal arrangement
Frédéric André Capra was a victim of the 1959 Malpasset dam collapse. His partner Irène Jobar was granted the right to posthumous marriage
Keystone Press / Alamy Stock Pho
Posthumous marriage is allowed under very specific circumstances and needs the approval of the French president as a final agreeing process.
Between 60 and 100 are requested each year with half of them granted, according to Ouest-France and TF1.
Spouses of French soldiers or firefighters are the easiest cases granted. President Macron has done it four times, at least.
Read also: Why a Frenchwoman has been allowed to marry partner who died in 2020
Étienne Cardiles married Xavier Jugelé, a French policeman who died on the Champs Elysées in 2017. Emilie Lassus David married Jonathan, a firefighter who died in a blaze in 2018.
Alexandra S. married Maxime Blasco, a master corporal who died in service in Mali in 2021. Amandine Sorriaux married Steven Greblac, a policeman who was killed during an accident in Villeneuve-d’Ascq in 2023.
Malpasset dam collapse
The law was created by Napoleon in 1803 to offer financial compensation to widows of dead soldiers and included in the Code Civil in 1959 following the breaking of the Malpasset dam on December 2, 1959 which killed 423 people.
Amongst the victims was Frédéric André Capra, the partner of Irène Jobar, a pregnant woman. Her case touched Yvonne de Gaulle who convinced her husband, President Charles de Gaulle, to grant a posthumous marriage.
“A lot of clients think that having talked about marriage is enough proof to be granted posthumous marriage. You need lots of them,” said Carline Leca, an Aix-en-Provence based family law lawyer.
Two requirements
There are two conditions to fulfill before the president is asked to make a decision. The requester needs to prove that the deceased would have allowed it. Proof included any evidence signaling that a wedding or marriage was under way, such as wedding rings already purchased, a pre-nuptial agreement or announcement letters.
The second condition is a valid reason justifying marriage. This includes proof indicating that people have shared life for a long time, the unexpectedness of death or a presumption of paternity.
Read also: Wills, assets: UK couples and France’s three main marriage regimes
The cases are studied by the Direction des affaires civiles et du Sceau (Directorate of Civil Affairs) before they are submitted to the President.
Procedures take from six months to two years and are not subject to the statute of limitations, said Ms Leca.
Foreign individuals excluded
It also looks like foreign individuals who intend to marry a French citizen need their country of residence to recognise posthumous marriage, according to one case Ms Leca treated.
But France being the only country allowing posthumous marriage means no foreign individual would be allowed to get married that way. Several pleas have been submitted to ask for a change, Ms Leca said.
Such a marriage does not accord as many rights as when marrying a living person. Widowers benefit from the retirement pension entitled to the person who died, the assurance veuvage (widow’s allowance) and access to life insurance. The person who lost a husband or a wife to a third party can also ask for compensation.
But posthumous marriage is not open to succession rights because no marriage contract is presumed to have existed.
Read also: What documents do non-French people require for a Pacs?
