It can be a very traumatic experience and if the death occurs overseas you can feel additional distress since you are unfamiliar with French procedures which differ significantly to those in the United Kingdom :
* the first step is to call a doctor
he will draft a medical certificate of the death ( “certificat médical de décès”) Any doctor may be called even if he was not the GP of the deceased person.
If the person died in a hospital or a old's people home, this certificate will be drafted by this hospital or home.
If the death occured on a public highway, the gendarmes will make a report describing the circumstances of the death.
If the person commited suicide or if an accident occured you have to call the
gendarmes immediately.
* the secund step is to register the death. You do not need to make an appointment beforehand. In France it is obligatory to register a person's death within 24 hours ( 5 days in UK and even 42 days for a stillbirth ). Registering a death is free. The death can be registered by a relative or a friend , anyone who has all information (e.g. the person's full name at time of the death, his/her date and place of birth, his/her last address, his/ her occupation...).
The French death certificate do not give the cause of the death. So when a body is
repatriated to England or Wales, a Coroner will hold an inquest if the death was
violent or unnatural or sudden and the cause unknown.
It is not obligatory but it is possible to register the death of a British national in the
Consular Register. You will have to contact the British embassy.
The death certificate in France is free, in UK the price varies from local authority to
local authority and if death is registered in the Consular Register it will cost you 113 €
and 72 € for a death certificate.
These days more and more English people are moving to France permanently or part of each year.
The UK Government statistics show that just over thirty-five per cent of marriages break down. The French figures are almost the same : one third in the province, one half in Paris.
You may feel somehow disconnected from the help you could obtain in the UK. You really can't face thought of going to a local lawyer, what with the language problems, the strange laws and customs and you have heard that it takes years to get a divorce locally.
On 27 May 2004, the new 26 May 2004 Act on Divorce was published in the Journal Officiel and came into force on January 2005.
The two existing types of divorce remain (albeit with simplified procedures) :
* divorce by mutual consent
* divorce by fault
The former divorce for the breaking up of married life (open to couples after six years of de facto separation) was abolished and replaced by the new divorce for irreversible deterioration of married life; (open fater only two years of de facto separation).
The divorce for fault still cover cases of serious or repeated violation of conjugal duties that render married life unbearable and is not restricted to cases of physical violence or adultery.
In any case, the assistance of a lawyer is indispensable. You have to do so even if there are no children involved and no financial issues to consider. You cannot just completing a form called petition for divorce, picked up in stationnery shop or from a Court website.
In a joint request, both parties may request the assistance of the same lawyer. The two of you file a joint request and your lawyer takes it to the Regional Court (Tribunal de Grande Instance) which has jurisdiction concerning all family disputes (marriage, divorce, adoption, cohabitating couples)
A current TV campaign being run in France states that every 2.5 days a woman is killed by her partner (157 deaths in 2008, 149 in 2009). 75,000 women are thought to be the victims of rape each year and 20% of murders in France are the result of domestic violence. These figures seem almost unbelievable but are sadly all too true.
If you are the victim of domestic violence, be aware that in France there are structures in place for support and advice. France has long had a policy of protecting the victims of domestic violence. This issue was declared a “great national cause of 2010” and has become a priority for the authorities.
Difficulty talking about it
If you are a victim, it is very important to seek help, but it is also understandably very difficult. Whatever your situation (married or not, with or without children) there is always someone you can talk to: you can get help from the gendarmerie, your GP, a lawyer or one of the organisations set up to support victims.
The need to be heard
There is a telephone number which is dedicated to listening to and to helping the victims of domestic violence: this number is 3919. It is a national number and all calls are anonymous. You will be advised and informed about the steps you can take. The line is open from Monday to Saturday from 8am to 10pm (10 am to 8pm on public holidays) and calls are priced at local rates.
Don't forget the other emergency numbers either:
* 15: le SAMU (ambulance)
* 18: les pompiers (fire service)
* 17: gendarmerie or police, depending on where you live
* 112: European emergency number
Keep evidence of injuries or damages:
Medical certificates and documents detailing your injuries or incapacity for work (sick notes, prescriptions, bills for medical materials etc)
Practitioner certificates (doctors, psychologists) detailing the extent of any trauma experienced.
For material damages, keep a record of all damages and costs due (bills, quotes etc)
Difficulty coming forward
The authorities are well aware that it is very difficult to come forward - only 8% of women report spousal abuse. The authorities would like to see this figure increase and in order to do this the legislation has been overhauled this year.
A new law in July 2010 aimed at better protecting victims
If you are the victim of spousal abuse, one of the most significant problems is that it can be impossible to leave the violent partner if you don't have anywhere to go.
A new law (law no 2010-769 dated 9th July 2010) attempts to find a solution to this. It includes two major advances: firstly, since 1st October 2010, the judge can hand down a new order called an ordonnance de protection (‘protection order') to protect the victim; secondly, psychological abuse is now recognized as a crime of harassment.
Protection order
The aim of this order is to quickly shelter victims of domestic violence. It arranges for the eviction of the partner or spouse from the family home. For victims who do not wish to remain in the family home, accommodation is provided. The law is there for both married and unmarried couples or even for couples who have already separated.
It can make provision for:
* The eviction of the abusive partner from the family home
* The rehousing of the abusive partner away from the family
* Visiting rights (e.g. the removal of parental authority for the abusive partner)
* Financial contributions
These measures are taken for four months with the possibility to extend this if divorce proceedings have begun during this time.
If the measures are not respected by the violent spouse, there are heavy penalties: up to 2 years in prison and a fine of EUR 15,000.
This order can be delivered very quickly. The judge can be summoned either by the victim or the Procureur acting on behalf of the victim. It can therefore be delivered without the victim themself having to report the crime. In this way it can protect victims who do not have the courage to bring a case on their own.
The victim is able to withhold their address and give that of their lawyer instead.
A crack-down on psychological violence
The new law states that psychological violence is now treated in the same way as physical violence. There is no distinction in the penalty between the two.
84% of the 80,000 calls received by the 3919 number each year concern psychological violence.
A new crime: harassment within the couple
This law has created a new type of crime: harassment within the couple. Harassing a partner - whether the couple is together by marriage or co-habiting - on a repeated basis in a way that has an effect on the condition of their physical or mental state is punishable by prison and a fine.
The punishments are linked to the seriousness of the consequences suffered by the victim, with a maximum of 5 years in prison and a EUR 75,000 fine.
The same punishments apply if a former partner committed the harassment. ■
Deciding on residency arrangements (previously known as custody) for your children can be a complicated issue.In France your children may either live with the father or the mother.They can also spend one or two weeks with the mother and same time with the father (it is known as joint custody “garde alternée”). The “juge aux affaires familiales” awards custody of the children to either the mother or the father or, in exceptionnal cases (violence, alcoholism...) to third party, if it is in the interest of the child.
The mother /father who has not been awarded custody of the children has the right to receive visits from the children in her/ his home; this is called “droit de visite et d'herbergement”.He/she also maintains responsibility for the children's care and education and may be required to pay child support if she / he has sufficient income to do so.The amount of child support can be increased in accordance with cost of living.It can also be changed at anytime provided circumstances have changed. Moreover when a a married couple separate, both mother and father have parental responsibility.
If both parties are living in France, or if the children are living here with either the mother or father, or if the respondent is living in France, you can apply for a divorce here even if you were born or married abroad.
What do you do?
In France you cannot fill in a divorce petition by yourself and send it to a court (as in the UK). You must instruct a lawyer (“avocat”). There is no website such as that of Her Majesty's Court Services, where you find useful information and forms to fill in. You may find useful information on the ministry of justice website: http://www.vos-droits.justice.gouv.fr/ but it has no English version and it is not the exact equivalent of the HMCS website.
Who will write the divorce petition?
Only a lawyer is entitled to write the divorce petition. All the names and addresses of lawyers are available from the Tribunal de Grande Instance (equivalent to the UK county court).
How much will it cost?
In France access to justice is free except before commercial courts. When the petition for divorce by mutual consent is sent to the court no court fees have to be paid.
Where will you start your divorce petition?
Only the local Tribunal de Grande Instance has jurisdiction to deal with your petition, so in Creuse, for example, this would be the Tribunal de Grande Instance de GUERET (23 place Bonnyaud). If you live outside the Creuse (Indre, Cher, Haute-Vienne, Puy de Dome, Corrèze....) the divorce procedure has to start before the relevant regional court. In order to find your local Tribunal de Grande Instance, enter your postal code on the justice website http://www.justice.gouv.fr/recherche-juridictions/consult.php and you will obtain the address and phone numbers of the relevant court. In France you cannot start your divorce petition before any court as in the United Kingdom, it has to be done before the relevant Tribunal de Grande Instance.
What kinds of documents do I have to give to the lawyer?
You will be asked for a copy of your birth certificates (including birth certificates of all children under 18 years old), your marriage certificate and the deeds to your assets.
What will the court want to know?
The court will want to know all the arrangements you propose for the children after the divorce (residency, parental responsibility, financial support...) and how all the assets will be spilt.
Age restrictions:
In order to get married in France:
* You must both be over 18 and free to marry (single, widowed or divorced)
OR
* It is possible to marry if you are under 18 in certain circumstances (due to pregnancy, for example) in which case a special dispensation from the Procureur de la République (public prosecutor) in charge of the place of marriage must be requested
In the UK the legal age of marriage in England, Wales and Northern Ireland is 18 (16 with parental consent) and 16 in Scotland (no requirement for parental consent).
Where can I get married?
Marriages cannot be performed within the UK Embassy or any consular office in France.
A French civil authority, which includes the mayor (maire), the deputy mayor (adjoint) or a city councillor (conseiller municipal), performs the civil ceremony in the town in which one of the parties to be married has resided for at least one 30 consecutive days preceding the publication of the banns (in England and Wales both partners must be resident in England or Wales for 7 days before notice is given). The publication of the banns in the town hall (mairie) is compulsory in France. The banns are displayed for 10 days outside the town hall and the marriage cannot take place prior to the 11th day.
In the UK, after giving notice you must wait 15 days before the marriage can take place. During that time, a notice is put up in the registry office of your intent to marry or register for a civil partnership. Once your notice is issued, it's valid for a year (3 months in Scotland and Northern Ireland) and you can have your wedding at any time within that period. You can leave the country once you have given notice.
What about the religious ceremony?
Religious ceremonies are optional in France and can be performed at any time but NEVER before the civil marriage.
How many witnesses are allowed at a marriage in France ?
There are a minimum of 2, maximum of 4 witnesses at a French wedding. Prior to your marriage, the town hall will ask you to provide their names, addresses, dates and places of birth and occupations.
I would like to record my marriage in the United Kingdom. Is it possible?
A marriage performed in France under French law is recognised in the UK.
If you wish to have your marriage recorded in the United Kingdom, a multilingual extract from the marriage register, issued under the Convention of Paris of 27 September 1956 (formule plurilingue d'extrait d'acte de mariage) should be obtained. This is a standard form issued by the French authorities for use in other countries and is available from most town halls.
This document, along with a photocopy of your British passport, may be submitted at any time after the marriage to the British Consulate-General in whose district the marriage was celebrated (for Creuse and Haute-Vienne: Consulate in Bordeaux, 353 Boulevard du President Wilson 33073 Bordeaux Cedex -Phone: (33) (5) 57 22 21 10 -Fax: (33) (5) 56 08-33-12 -Email:postmaster.bordeaux@fco.gov.uk -http://ukinfrance.fco.gov.uk/en/about-us/other-locations/consulate-bordeaux/) OR to the FCO if the applicant is resident in the United Kingdom: Foreign and Commonwealth Office, Consular Directorate, Room G35, Old Admiralty Building, London SW1A 2PA.
It will then be transmitted to the Registrar General in London. If the mairie is unable to supply this document you may submit an authenticated copy of the marriage certificate (copie intégrale de l'acte de mariage) together with a translation in English.
It is not free to record your marriage in the UK. Please ask the British Embassy for details.
There is no legal obligation to have a marriage recorded in the UK; the validity in British law of a marriage contracted in France is in no way affected by its having been, or not having been, recorded.
I don't speak French. Can I get married in my mother tongue ?
No. Marriage in France must be celebrated in French. The civil authority performing the ceremony must ensure that those taking part fully understand it; however, the use of an interpreter by the couple is permitted.
The aid of an interpreter is recorded in the marriage act. It is also possible for the person conducting the ceremony, if they speak the language of the future husband and/or wife, to provide a translation once the ceremony in French is complete.
The interpreter's details must be provided to the mairie before the marriage so that their name can be mentioned on the marriage certificate.
Which documents are requested in France when one of the parties is not French?
The mairie may request:
- A Certificate of Law (Certificat de coutume) which includes the personal particulars of the applicant and a statement of British law as regards marriage
- A Certificate of Celibacy (Certificat de célibat)
- A full birth certificate with its translation into French (this is issued by the British Embassy )
The marriage ceremony
In theory the ceremony takes place at the mairie (“la maison commune”). The mayor must wear his/her sash and the door to the mairie must be open. If these formalities are not adhered to there is a risk that the marriage may be annulled.
DID YOU KNOW ?!
- All actes d'état civil (public documents such as birth, marriage and death certificates) are free of charge in France (the most you may be expected to pay is the cost of a self-addressed stamped envelope) whereas in the UK they must be paid for.
- Birth, death and marriage certificates are valid indefinitely in the UK, whereas in France they have a validity of 3 months and copies must be requested from the mairie in which the birth, death or marriage took place.