It is possible to marry a deceased person, but this remains a rather “exceptional” process. Very specific conditions must be met in order for the president to grant his authorization.
To marry the man of her life is the dream of many women and some are desperate to carry the name of their soul mate, even if it means marrying a dead person. Posthumous marriage is possible, but remains quite exceptional. As stated on the official website of the Ministry of Justice: “Only the President of the Republic can authorize, by decree, the celebration of the marriage.“Despite a complex, and often emotionally overwhelming, procedure”singles“want to obtain the status of”widows“and honor the last wishes of the person who left them. According to figures from the Ministry of Justice, in 2018, 112 posthumous marriage proposals were recorded. Nevertheless, 23 were rejected by the head of the ‘State.
An exceptional measure
In any event, the consent of the deceased is essential for the president, advised by the Attorney General and the Public Prosecutor, to accept such a request. The person who made the request must prove that the marriage process had been initiated and that the deceased did indeed wish to marry. “For example, there may be the reservation of a room, the purchase of a wedding dress or testimonials from relatives. It must be demonstrated that the dead person had, despite everything, the desire to marry“, lawyer Carline Leca explained to Release.
A posthumous marriage remains only a symbolic gesture. “The posthumous wife is not entitled to inheritance, she is not the legal heir“, underlined Isabelle Corpart, lecturer at the University of Haute-Alsace, on a daily basis. It is therefore a question of recognizing a union with the deceased person, to alleviate pain and allow mourning.
Originally, the posthumous marriage was thought of in 1803 for war widows, but it did not enter the Civil Code until 1959, following the rupture of the Malpasset dam, near Fréjus, causing the deaths of more than 400 people. Among the victims was a young man who should have married his pregnant partner a fortnight later. This story moved the whole of France and it allowed a major modification of the law. The young woman was able to marry the deceased man so that her child could bear his name. If at present, some exceptions are always granted, the procedures are much faster in the case of a person dead for the nation.