Same-Sex Marriage in France: Legal Rights and Practical Considerations
The introduction of Article 143 of the Civil Code in May 2013 officially opened marriage to same-sex couples. The historic law states “…marriage is contracted by two persons of different sex or same sex…” Same-sex couples can now enjoy the same legal rights as heterosexual couples.
What exactly does “marriage for all” actually mean? What are the advantages? How can couples best prepare from both a legal and financial standpoint?
Which rights come with same-sex marriage?
Once married, same-sex spouses are entitled to the same rights and obligations as any other married couple. These include:
Additionally, same-sex marriages contracted abroad before May 18, 2013, are now legally recognised in France.
What changes in the Livret de famille?
A Livret de Famille is a record book that records all important family events and is issued to couples upon marriage or unmarried couples upon the birth of their first child.
To reflex same-sex marriage the Livretde Famille is updated with gender-neutral terminology. The entries for “husband” (époux) and “wife” (épouse) are replaced by neutral terms. Similarly, “father” (père) and “mother” (mère) may be replaced by a unified label, ensuring equality between both parents.
What about a prenuptial agreement?
By default, if no prenuptial agreement is signed, the couple is subject to the regime of limited community of property (covering income earned during the marriage).
Although not mandatory, a prenuptial agreement allows couples to define and adapt their financial arrangements to their specific situation. This is particularly important where the couple are involved in certain situations such as:
While a lawyer is not a mandatory requirement with regard to the drafting of a pre-nuptial agreement, the guidance of a family lawyer is strongly recommended. A lawyer can help select the most appropriate legal regime and ensure your choices are protected.
The contract must be signed before a Notary in order to be legally valid. If signed before the wedding, a certificate must be submitted to the civil registrar so it can be mentioned in the marriage certificate.
Can same-sex couples adopt?
Marriage grants couples the right to joint adoption. One spouse may also adopt the biological or adopted child of the other, thereby sharing parental authority and establishing legal protection for the relationship with the child.
What happens in the event of death?
In case of death of one spouse, the surviving spouse is entitled to inheritance rights (either under the law or within the provisions of a will), as well as survivour’s pension benefits.
The attitude to same-sex marriage has radically changed and at the present time there are 36 countries around the world that legally recognise same-sex marriage. France having been one of the pioneers in promoting equal rights and legal protections for same-sex couples.
Giambrone & Partners LGBT division believes that a same-sex union deserves the highest level of protection. Our family lawyers offer support and guidance every step of the way, offering respectful care and consideration without judgment.
We offer legal services tailored to your individual circumstances, including:
Should you wish to learn more about the legal rights and position of same-sex couples in France please contact us.
