The consent to get married must be according to article 146 of the civil code, real serious and honest.

Marriage is fictitious when the couple's consent is neither real nor serious, and therefore, without any real desire to marry.

If marriage does not tend to found a family life, nor to assume the personal and patrimonial consequences of married life, but to obtain administrative or social advantages. It is a fraud, because there is a hijacking of the institution of marriage, better known under the term of “white marriage” or “gray marriage”.

The most frequent hypothesis concerns marriages with a foreigner. Marriage allows them to benefit from a residence permit, to prevent an escort to the border (removal measure) or to obtain French nationality.

In a white marriage, the two people are accomplices, while in a gray marriage, one of the spouses (of French nationality) engages in good faith, ignoring the objectives pursued by his spouse.

The Constitutional Council admitted, in a decision of November 9, 2006, that the freedom of marriage " does not prevent the legislator from taking measures to prevent or combat marriages contracted for purposes unrelated to the matrimonial union ».

To fight against these fictitious marriages, the legislator has put in place over the last twenty years, a whole system making it possible to act either before the marriage with the opposition procedure entrusted to the public prosecutor; or after the marriage, with the annulment procedure that the spouse can exercise in "good faith".

Marriage Annulment: The Gray Wedding

The discovery of a gray wedding always takes place after the ceremony.

It is the hypothesis that one of the spouses enters into the bonds of marriage in good faith without suspecting that the goals pursued by his spouse tended only to obtain advantages other than those of a community of life: It is a fraud on "feelings".

Unlike the white marriage, the gray marriage can cover several cases. It all depends on what the husband was looking for in "bad faith": Obtaining papers, a social, professional, fiscal, inheritance or patrimonial situation (marriage with a widower, or a grieving widow and incidentally very rich ...) .

The action of the husband in good faith

Regardless of the motivations of the spouse in "bad faith", if one of the spouses notices that the goals pursued by his spouse were anything other than the matrimonial union, he may ask for the annulment of the marriage.

This is indeed an annulment and not a divorce. Cancellation is a sanction whose effects are completely separate from divorce.

Divorce only ends a union for the future and does not call into question acquired rights, such as obtaining, even fraudulently, a residence permit. Divorce only tends to punish the behavior of a spouse who would have violated the duties of marriage.

Only nullity does not allow sanctioning the defect of consent which tainted the marriage from the outset. And the nullity of marriage erases everything: It is retroactive. It is as if the spouses had never married, except in cases of putative marriage recognition.

Article 180 of the Civil Code allows the validity of a marriage to be contested after the ceremony and Law No. 2014-873 of August 4, 2014, codified in Article 146 of the Civil Code, made the exercise easier. cancellation for the “good faith” spouse.

It suffices for the husband who has discovered, after the ceremony, or even a long time after, that the goals actually pursued by his spouse had vitiated his consent to bring proceedings for annulment of the marriage.

The sanctions

If the aim pursued was to obtain papers granting him the right to reside in France, the husband in “bad faith” incurs five years' imprisonment and a fine of 15 euros (article L000-623 of the French Code of entry and stay of foreigners and the right to asylum).

He also incurs the withdrawal of his residence permit and may be subject to an expulsion measure such as the Obligation to Leave French Territory (OQTF) immediately after the declaration of the nullity of the marriage.

Opposition to Marriage: The White Marriage

The most frequent hypothesis of a white marriage is the obtaining of a residence permit for the foreign spouse in exchange for a sum of money for the spouse of French nationality. The marriage is not consummated, the "spouses" allow a certain period of time to pass, generally 6 months, then divorce.

This is why the residence permit is no longer issued as of right. To limit fraud, article 21-2 of the civil code provides that a foreigner cannot apply for French nationality before a period of 4 years after marriage.

This is the time deemed necessary by the legislator to ensure that there is real cohabitation between the spouses, that they share the same roof and therefore the same room.

If the separation takes place before this period, the foreign spouse loses his right to remain in the national territory.

The Court of Cassation in an Appietto judgment of 1963 considers that if the spouses, got married to obtain advantages unrelated to the matrimonial union: the marriage is null for lack of consent of article 146 of the civil code. But if at least one of the effects of the marriage is sought by the spouses: the marriage is valid.

This is the reason why this period of 4 years is more flexible if the spouses have a child. It is the proof that there was community of life.

The role of the registrar

Law n ° 2006-1376 of 14 November 2006 relating to the control of the validity of marriage has strengthened the role of mayors, deputy mayors and other civil status officers by verifying the constitution of the file and the 'preliminary hearing of the future spouses (Articles 63 and 171-2 of the Civil Code).

The registrar who does not carry out these checks will be prosecuted before the tribunal de grande instance and punished by a fine of between 3 and 30 €.

Any report must be based on a converging bundle of suspicious clues. In its decision of November 20, 2003, the Constitutional Council prohibited justifying a report simply because one of the future spouses was illegally staying.

These clues should be collected when:

Verification of the filing of the file

  • Place of domicile or residence: In the event of a fictitious marriage, the spouses are domiciled at an address other than their own (parents of one of the future bride and groom, etc.). The registrar will then ask for all proof of address (gas, electricity, lease, etc.), compare the dates, etc.
  • Marital capacity: If one of the future spouses is a minor, or a protected adult, it is necessary to check that the required authorizations are in the file.

This “delicate” term also covers the ability of the future spouses to consummate the marriage. The union of a barely nubile foreign girl with a sixty-year-old man will be hard to pass.

The hearing of the future spouses

It is an individual interview, followed by a joint hearing, with if necessary with an interpreter, which will be used to collect a bundle of clues listed in the 2010 circular (and the entirety of which can be downloaded below):

« The case law rendered in the matter of simulated marriages, the experience of certain public prosecutors and certain municipalities make it possible to list, in a non-exhaustive way, a certain number of indices or indicators of simulated marriage:

  • confession of the spouses on their motivations (obtaining a residence permit, a transfer, etc.);
  • indication of an erroneous, false or uncertain address;
  • distortions on the circumstances in which the spouses or future spouses declare having met, or on personal information (lack of knowledge of each other's families, etc.); errors in their respective contact details (name, first names, date and place of birth, nationality, residence, address, nature of professional activity, place of practice of the profession, identity of their ancestors, etc.);
  • incomprehension between them in the absence of a common language;
  • lack of proof of the identity of one or more future spouse (s);
  • repeated and unjustified delays in producing documents for the marriage record;
  • marriage plans successively postponed or canceled, sometimes involving a change in the person of one of the future spouses;
  • presentation of the marriage file and completion of the various formalities by a single spouse without the other ever being associated;
  • marriage plans for different couples with the same witnesses;
  • multiple marriage projects presented by one of the future spouses in several municipalities with different partners, whether the spouse present in the various projects is the foreign national in an irregular situation or, on the contrary, the French spouse;
  • intervention in several marriage files of the same person serving as intermediary or even interpreter;
  • plurality of marginal entries on the birth certificate of the French husband of marriage, divorce and multiple remarriages dissolved by divorce at close dates;
  • significant change in the lifestyle of a (future) spouse with modest or limited income;
  • existence of a consideration for the marriage apart from the goods and sums of money given as dowry or customary presents;
  • irregular situation of a marriage candidate, with regard to the rules of entry and stay on French territory. "

Reporting to the public prosecutor

After the hearing of the future spouses, the civil status officer draws up a report of the hearing that he will send in the event of a suspicion of “white marriage” to the public prosecutor.

The registrar must imperatively alert the public prosecutor who is the only one able to prohibit the marriage ceremony.

The mayor has no discretion and no appeal against the decision of the public prosecutor. He is subject, as well as the assistants and civil status officers, to the observations or injunctions of the public prosecutor who derives from Article 53 of the Civil Code a power of surveillance and control over civil status documents.

Article 175-2 of the Civil Code also requires the mayor to notify the persons concerned without delay and in writing (registered letter with acknowledgment of receipt) of his decision to seize the public prosecutor.

Namely: If the registrar refuses to perform the ceremony without taking the trouble to inform the public prosecutor, the future spouses can refer both to the prefect and the public prosecutor.

It is a violation of the fundamental freedom of the right to marry constituting an assault giving rise to the payment of damages.

In the same way as the registrar who celebrates a union despite an opposition procedure in progress, is exposed according to article 68 of the civil code to sanctions.

The opposition of the public prosecutor

If the public prosecutor intends to oppose the marriage, he must provide proof of the misuse of the institution of marriage and in particular that the will of the spouses is foreign to the creation of a family union (a residence permit, French nationality, health cover, survivor's pension, social benefits, etc.).

Evidence that will be difficult to report, because in a white marriage, the future spouses are "wicks" and both incur criminal prosecution.

To gather this evidence, the public prosecutor has 2 months and 15 days to conduct an investigation and rule on the validity of the intentions of the people concerned.

The investigation is entrusted to gendarmes or police officers. It is a neighborhood survey with the hearing of the couple, witnesses… In the annex to the 2010 circular (downloadable below) there is a whole list of questions and checks to which they will have to proceed.

At the end of the investigation, the public prosecutor can either:

  • Authorize the mayor to celebrate the wedding
  • Oppose the wedding and the ceremony will not take place

The recourse of the future spouses

They will be able to oppose the decision of the prosecutor before the Tribunal de Grande Instance which will have to rule within 10 days.

If the court considers that the alleged fraud has not been proven, it will order the withdrawal of the opposition and the marriage must take place as soon as possible.

If he maintains the opposition, the spouses can appeal the order. The Court of Appeal must rule within 10 days.

Punishment

The penalty incurred by both spouses in the event of a sham marriage is punishable by five years' imprisonment and a fine of 15 euros (article L000-623 of the Code on the entry and stay of foreigners and the right to asylum) .

Note: In the event of an opposition procedure in progress, the registrar must mention this in the margin of the civil status documents. As long as the procedure is not completed, the future spouses will not be able to get married in another municipality.


To read about it:

Getting married in Corsica

Your wedding is fast approaching and you are looking for a place to organize the ceremony? If you want to stay on French territory, know that it is possible to celebrate a union on the island of beauty. Corsica is arguably the most beautiful place where you and your other half can exchange your vows.

Getting married in a heavenly setting

Corsica is a paradise Mediterranean island that has captured the hearts of many tourists. Many young couples dream of celebrating their wedding on a sandy beach, facing a turquoise sea. This dream is possible in Corsica, you don't need to go to the other side of the world, to Hawaii for example. In summer, the sun will be there. You and your guests can dine in sumptuous restaurants by the sea.

A marriage in communion with nature

For nature lovers, you will have the opportunity to organize your wedding reception in Corsica surrounded by nature. Corsica is famous for its paradisiacal beaches but also for its splendid mountains and forests. You can easily find a spot that suits you in the mountains, near a water source..

★ ★ ★ ★ ★

18 Comments

  1. Hello Mr. Prosecutor here I have just heard from a family they want married a Spanish paper woman comes from Morocco called Madame Karima she wants to marry a gentleman called Mr. Khedid Youssef for a white arranged marriage gray sete woman she is going give to mr khedid Youssef € 10 or more

  2. Hello Mr. Prosecutor here I have just heard from a family they want married a Spanish paper woman comes from Morocco called Madame Karima she wants to marry a gentleman called Mr. Khedid Youssef for a white arranged marriage gray sete woman she is going give to mr khedid Youssef € 10 or more

  3. Hello Mr. Attorney of the Republic of Paris I lived in Paris I would like to denounce my karima coupine I want the anonymous signal it is a coupine that I know that I like Madame Karima or another Moroccan name Spanish paper who will marry Mr. Khedid Youssef marriage arranged for 10000 € or
    20 000 € Karima will give money for a white marriage arranged to have papers residing in Paris
    I told Karima not to do that but she did not listen to me all the district of Paris know about it anonymous please do a check please

  4. I am the boyfriend my name and adel de Madame Karima I live in Paris I have just learned of the novelties Mr. Madam I would like to announce to you that Mr. Khedid Youssef has planned everything canceled with this woman who is called Karim Spanish paper Mr. very afraid of her He has the attention of everything canceled with her he is very afraid of her he will not do her hard papers after what she says Karima You must expel Madam Karima urgently in Morocco

  5. hello sir Madam I ask you to delete the comments you posted on your page I told you that he will not do the papers for him he has changed his mind Sir

  6. Hello sir hello madam I ask you to please delete all the comments you have published Sir he will change her mind he will not do her papers to sete lady

  7. Hello Mr. Vallat I am writing to you because there is a lot of growth in Paris you must not stay in Paris you must send them to their homeland because it is too much and France must be cleaned up we have to take the necessary steps to check all the people that they don't have the papers we're fed up with them they don't do anything they're there just to take advantage we have to send them back to their hometown possible to do something because 'we're fed up with my legs very good that you're doing some cleaning in the 11th ah no please sir I'll have to look for something because we're not at home anymore please you have to do something that I don't know anymore at home would like to do something I wanted to do more at home to clean up during Paris do something it looks like we're not at home we really have to do something it looks like we're not with us please here it is necessary to control when m Even everyone smart and really I'll clean up in ParisIt's getting too much we have to clean up in Paris clean up in Paris clean up in Paris clean up in Paris clean up in Paris garden clean up in Paris I'm not serious I bet doing a cleaning in Paris I relativize arrive before cleaning Paris I have nothing cleaning in Paris would like to do a cleaning in Paris I have to do a cleaning by cleaning I don't want to do a cleaning Marie-Jo darling happy in Paris I'm going to Paris spirit in Paris you do a cleaning in Paris to do a cleaning in Paris touch the delivery by a happy a cat a cleaning Marie I come cleaning Paris you have to do a cleaning in Paris I'm coming to touch a cleaning Paris you have to do a cleaning in Paris I'm cleaning in ParisCleaning at the rate of Paris cleaning in Paris cleaning arrives trip to Paris I'm coming I'll do cleaning Paris I have to do a cleaning arrives arrives arrives to do re cleaning in Paris I'm going to do a cleaning in Paris I'm going to talk I'm going to do a cleaning in Paris to do a cleaning in Paris I'm going to do a cleaning in Paris cleaning is coming to do a cleaning in Paris to clean you husband to clean you cleaning in Paris do you a cleaning and Jean-Marie

      1. Hahaha serious he is completely sick it is up to him to get out of France towards a psychiatric hospital lol

  8. I want the 7 comments on behalf of Adele I want you to delete all my comments or I file a complaint it's my right and you have the right to delete everything

  9. Hello can you contact me please I am the victim of a gray marriage and I am without support I have just discovered your site which gives me hope in order to be able to annul the marriage and to honor myself after having walk on it. I didn't know at all about the “grey marriage” when I was a victim of it.

  10. Hello I would like an opinion I have the father of my daughter who knew a Moroccan she she is 25 years old the father of my daughter he is 49 years old I put my hand cut off that it is for the papers that it is a white marriage a gray marriage and I would like to know how I can do to land myself at this marriage thank you for your answer

  11. Hello ladies and gentlemen
    I am a resident of France of Algerian nationality I had my wife brought back by family reunification she arrives in France in January 2022 after 4 months she had this card of 10 years then 2 months later in June she leaves marital home
    I am a victim of a gray marriage
    idea please
    Thank you

    1. Hello, Afettouche
      I am also the victim of a gray marriage with paternity with a Moroccan younger than me, a scam with feelings, here is my phone 0656831143

  12. Bjr I got married I am of French nationality and This person and Moroccan she is married only for papers, social work rights and for the feelings of her du Biton she always seems that she procedure I can consider

  13. Hello I am the victim of a gray marriage I am 74 years old
    I met a woman on a dating site, in May 2020, she announced that she was 47 years old, then and was born in 1961 on August 13
    She had already failed with another man and had saved all the paper for a second marriage
    So very quickly she moved to my place and asked for new papers from the Cameroonian consulate in Marseille.
    For a wedding whose date she had planned for July 13, 2020
    Once married. She said once she had 3 daughters with two fathers, one of whom was married.
    And she wants to do family reunification, I'm not against it.
    As a result of that, she hangs out and has a separate room in September
    And my. Even typed in the obligation to make a medical certificate and file a complaint with the gendarmes
    Here is. My problem I have. Until today September 13, 2022 without response from her. Because the gendarmes forbade him to. Come home. Very happy about that, and to see that I no longer see her
    Only now I want to annul this marriage as simple as possible by an Acquaintance of a gray marriage as I was fooled like a blue
    Or a classic French divorce that lasts for years
    She. Pretend to be at home and have rights to my own name
    She made me leave huge boxes filled with very large meats, preserves, various machines stolen from my business and even jewelry, very beautiful linens and fridge machines..

    So now I ask you my question how can I have this marriage annulled and have her return home and reimburse me

Leave comments

Your email address will not be published.