We all know the famous phrase "until death do us part". Unfortunately, it is not uncommon, as tragic as it may seem, for a marriage to be canceled following the premature death of one of the spouses, a few weeks before the finalization of the procedure.
Some survivors however decide to go to face this fatality by opting for a posthumous marriage.
Little story of post-mortem love
Introduced by the law of March 17, 1803, this process has undergone many modifications, given the chaotic context of the early twentieth century. If it presents itself as a peculiarity specific to French law, posthumous marriage was very common in Germany during the First and the Second World War. It was intended to allow women who lost their companions on the front to benefit from a pension and to offer legitimacy to children conceived before their death.
In the early 1960s, the text of the law underwent a major renovation following the case of the Malpasset dam, near Fréjus, the rupture of which caused the death of 423 people. Among the victims was a young man who should have been married a fortnight later. The distress of his partner, pregnant with the deceased, upset public opinion and contributed to an overhaul of the article.
Principle and formalities
Posthumous marriage is currently defined by article 171 of the Civil Code and remains an exceptional procedure. This goes through many stages, intended to prove the unreserved consent of the deceased. These proofs must be transmitted to the President of the Republic, responsible for validating the request by decree. Its approval is essential and requires the gathering of several documents. If accepted, the marriage certificate is dated the day before the fiancé's death.
The surviving spouse must first provide proof of a real marital plan. It can be very official documents such as a marriage file or a contract drawn up by a notary, but also wedding rings, a room reservation for the ceremony or even proof of purchase of a wedding dress. . Before 2011, it was also necessary to show the publication of the banns or, failing that, a prenuptial certificate dating from less than three months. The procedure, considered too restrictive, has been relaxed.
Advantages and limitations
Nevertheless, posthumous marriage remains a long and trying process. If it can be perceived as a romantic act, it allows above all the survivor to benefit from the advantages of a married person: opening of the rights linked to the status of widower or widow, obtaining a survivor's pension or widowhood insurance.
However, it is important to note that this approach does not entail any inheritance tax, unlike conventional marriages.
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