Divorce and remarriage abroad: what documents must be provided?

In a letter dated January 23, 2024, Amélia Lakrafi, deputy of the French settled outside France, drew the attention of the Ministry of Justice to the fact that: “verifying the enforceability of a foreign divorce decision is not mandatory and its Absence will not prevent the parties from remarrying. However, it appears that this directive is not always applied on the ground by the consular network, which would require the issuance of an enforceability decision under French law to initiate the procedures to register a new marriage abroad. »

Knowing that verifying the enforceability of a divorce decree issued outside France can take several years, Amélia Lakrafi asks the ministry about the precise conditions that allow remarriage abroad.

The ministry’s response

Dated February 27, 2024, the response of the Ministry of Justice indicates the following: “the general instruction relating to civil status (IGREC § 583) thus specifies that the civil status official may remarry a French national or foreigner , divorced abroad, provided that the following documents can be presented: birth or marriage certificate that mentions the divorce; either a copy of the judgment accompanied by proof of its final character (certificate of non-appeal, act of search, certificate established by the lawyer or by any authorized authority); or for the future foreign spouse, a certificate of capacity to marry. The mere presentation by the future spouse of an affidavit or a certificate of celibacy is insufficient. »

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