How Posthumous Marriage Became Legal in France
- France’s Posthumous Marriage: A Deeply Emotional and Symbolic Ritual
- Posthumous marriage is rare but legal in France
Posthumous marriage (sometimes referred to as necrogamy or ghost marriage) is a wedding in which at least one of the individuals involved has died. France is one of the handful of nations where it is permitted to marry a spouse after death. Posthumous marriage is allowed and legal in France, although it requires approval from various civil servants as well as the deceased’s family.
The fundamental motivation for posthumous marriage in France is to legitimate any children that a woman may have. It is additionally employed for personal emotional reasons. The notion dates back to 1803, and it was originally intended for military soldiers who had died in war to legalize widows, though it was used unofficially throughout Europe. This practice became known as posthumous marriage after a few women were wed by proxy to soldiers who had died weeks before. It is possible that posthumous marriage (un mariage posthume) developed as an extension of France’s proxy marriage.
Following the Fréjus dam disaster, France’s parliament approved legislation allowing postmortem weddings. Since that time, hundreds of women have formally applied for postmortem matrimony. Posthumous marriage for citizens began in 1959 when the Malpasset dam collapsed and killed 400 people in Fréjus, France, including André Capra, who was engaged to Irène Jodart. The lady begged French President Charles de Gaulle to allow her to proceed with the wedding ceremony despite the fact that her fiancé was deceased. She received public backing and was able to marry her fiancé within a few months.
A pregnant woman who had lost her fiancé was permitted to proceed with the marriage so that her child was not judged illegitimate.
Posthumous marriage is facilitated in France under Article 171 of the civil code, which states: “The President of the Republic may, for serious reasons, authorize the solemnization of marriage if one of the spouses died after completion of official formalities marking their unequivocal consent. In this case, the effects of marriage date back to the day preceding the death of the husband. However, this marriage does not entail any right of intestate succession for the benefit of the surviving spouse, and no matrimonial property is deemed to have existed between the spouses.”
Some pledges in life are worth fulfilling, even after death. Article 171 of the Civil Code demands that the application include significant explanations for postmortem weddings. The application is carefully reviewed by the President of the Republic, taking into account the gravity of the circumstances surrounding the death.
In France, you can be allowed to marry a dead person, but necrogamy must respect certain rules
It is lawful to get married to a deceased individual insofar as you satisfy specific criteria for legal sanction. While it may appear to be something from a classic romance novel, the method is not simple. Until death do us part? Perhaps not, since anyone in France who wishes to petition for postmortem marriage must first submit a request to the President of France, who then forwards it to the Justice Minister, who in turn forwards it to the prosecutor for the surviving member’s district. If the couple originally planned to marry and the deceased’s family approves, the prosecutor returns the application to the President. Examples of legally demonstrating willingness include the male posting banns (formal wedding announcements) at the local courthouse and obtaining written authorization from a soldier’s commanding officer. Requests may also include documents indicating an important reason, such as the birth of a child or the passing away of a fiancé who had made an official marriage proposal. Wedding invitations, engagement rings, and wedding rings can also serve as proof of the couple’s shared plans. The marriage is retroactive to the day before the spouse who passed away departed. The judge cannot doubt the documents’ authority, but one in every four applicants for postmortem marriage is denied. The judge’s responsibility is to ensure that every piece of paperwork has been correctly completed and is valid. Pregnancy by itself, or just a letter promising marriage, is insufficient, in part because such letters are notoriously not legal. Even if they had been engaged and had published banns, a posthumous marriage is not guaranteed, in part because living engaged couples can alter their minds at any time. A posthumous union can also be blocked by evidence from a trustworthy person. The law prohibits the living spouse from receiving any of the deceased spouse’s property or money. No conjugal property is assumed to have existed previously among the two living spouses. The Civil Code specifies that a posthumous marriage does not include financial incentives.
Following authorization, a lady will frequently stand next to a picture of her deceased fiancé during the ceremony. Instead of reading the deceased man’s marriage vows, the mayor officiating the event will read the presidential decree. Following a postmortem marriage, the living spouse automatically becomes a widow or widower. Posthumous weddings additionally integrate the surviving spouse into the deceased spouse’s family, potentially forming a relationship or providing moral fulfillment. Posthumous matrimony demonstrates an individual’s courage in overcoming the death of a fiancé. The remaining spouse is additionally exposed to the marriage-related difficulties that ensue. Marrying a deceased person is a sensitive affair since the living half of the couple must act with the same devotion and commitment as a conventional spouse and a “semi-forever” widow. It is not clear if the widow can remarry after years or a certain time. However, Article 171 clearly indicates that the ordinary financial components of a marriage, such as the dissolution of the matrimonial regime or the grant of intestate inheritance (the laws controlling inheritances of people whose spouses die without a will), are not applicable. However, the widow is eligible to receive a pension and insurance benefits.
When death can’t stop love, France’s necrogamy law still matters
In France, love knows no limitations, including the one beyond life and death. In an era where rules might appear inflexible and distant, France’s posthumous marriage statute stands out as a caring exception. It allows bereaved spouses to commemorate their love and devotion even after their loved one has died. Whether due to tragic events or illness, this ritual provides comfort to people who have lost loved ones before marriage. This legal alternative has enabled many people to continue living their lives.
In 2004, a spouse contacted The New York Times to inform readers that they had the option of marrying their deceased loved ones. She regarded the marriage as perfect, stating that it maintained the essence of a wedding. Posthumous marriage, which might sound like marrying a corpse, is not necrophilia. It formalizes a relationship even after death and underlines the hierarchy of priorities, recognizing the value of sentimental and social bonds. By creating these legal conventions, posthumous marriage reinforces bonds and prioritizes love and family values. While uncommon, these symbolic rituals underscore the overwhelming need for fulfillment and the lengths individuals will go to keep commitments made in life, demonstrating the continuing power of love—one that overcomes even mortality.
Notable posthumous marriages where the spouse became a widow at her/his wedding
There are several documented occurrences of marriages between living and deceased individuals. Aside from France, no other Western legal entity allows for posthumous marriage. However, the average number of postmortem marriages is 50 per year.
Following Eric Demichel’s death in a 2002 car accident, Christelle Demichel married him despite the fact that he was not present for the wedding. They first met as police officers in Paris in 1997. They quickly moved in together and were recognized as common-law husband and wife. When Eric died, Christelle was one month pregnant. Unfortunately, she lost the child in the following weeks. The ritual seemed to have provided Christelle some serenity.
Around 60 people got married posthumously in 2008. Magali Jaskiewicz became Jonathan George’s formal widow. The fiancé had requested her to marry him two days before he was killed in a vehicle accident. The couple had been together for six years and had two children. The wedding took place in Dommary-Baroncourt, eastern France. The couple had gone to the town hall on November 25, 2008, asking to be married in January. Christophe Caput, the mayor who married Jaskiewicz, said her request was “rock solid.”
One instance of postmortem marriage occurred in Dizy-le-Gros, a small village of roughly 1,000 people, which received international attention when a young woman named Karen Jumeaux realized her lifelong dream of marrying her fiancé, Anthony Maillot. In 2011, Jumeaux utilized French law allowing postmortem marriage to marry the father of her two children, Anthony, who had died in a vehicle accident two years earlier.
French National Police Captain Xavier Jugelé received the Legion of Honor, one of France’s highest medals. Étienne Cardiles married his civil spouse Jugelé more than five weeks after he was killed in a terrorist assault on the Champs Élysées in 2017. Cardiles delivered an emotional tribute to his partner: “A life of joy and laughter, in which love and tolerance were your uncontested masters,” he said. “You lived like a star, you leave like a star.” Cardiles continued: “Public service, helping others and protecting everyone was part of your education and your convictions. And tolerance, dialogue, and patience were your strongest weapons.”
Mayor Anne Hidalgo and former President François Hollande attended the ceremony, according to a source. Jugelé was a dedicated LGBT activist and had volunteered twice in Greece, aiding migrants.
Ms. Paulette Hourcadet, a retired Frenchwoman, married her lover of 40 years, even though he died in November 2020. A wedding date had already been sent to future guests, and the banns proclaiming the marriage had already been published before her partner, Dominique Labarrère, died of an illness. The local mayor encouraged her to ask for authorization after hearing about the death.
Other instances include Maxime Blasco, a French soldier who was killed in fighting in Mali in 2021. The president approved the partner’s request, with whom they had a child, to perform the symbolic rite.
Sources
- Dailymail
- BBC
- The Guardian 1, 2
- CNN
- Wikipedia
- Connexionfrance
- Wikipedia France
