Formalities prior to marriage

 1. Conditions to be fulfilled in order to get married

Marriage is entered into by two persons of the opposite sex or of the same sex (art. 143). Since the lawn ° 2013-404 of May 17, 2013, the people who wish to get married do not have to be necessary for different sex

Age of future spouses.  Marriage cannot be contracted before the age of 18 (art. 144). However, a waiver of age for serious reasons may be granted by the public prosecutor of the place where the marriage is celebrated (art. 145).

Consent.  There is no marriage when there is no consent (art. 146). The registrar must ensure, as far as possible, the reality of consents to the marriage. Marriage without consent can, in fact, be annulled by the spouses themselves, or by that of the two whose consent was not free, or by the public prosecutor. The exercise of coercion on the spouses or on one of them constitutes a case of nullity of the marriage.

Celibacy.  Marriage to a married man or woman is prohibited (art.147). In particular, it is impossible to remarry after a divorce as long as the divorce judgment is not entered in the margin of the marriage and birth certificate of the divorced spouse. A mayor must require from the divorced person proof of the finality of their divorce.

 that is to say, the possibility of having several spouses at the same time is prohibited and constitutes a cause of absolute nullity of the second union.

People from the same family. In the direct line, marriage is prohibited between all ascendants and descendants and allies in the same line. As a collateral line, marriage is prohibited between brother and sister, between brothers and between sisters. Marriage is prohibited between the uncle and the niece or the nephew, and between the aunt and the nephew or the niece (arts. 161 to 163).

Nevertheless, it is open to the President of the Republic to lift, for serious causes, the prohibitions on marriages between allies in the direct line when the person who created the alliance is deceased or on marriages between the uncle and the niece or nephew, aunt and nephew or niece (art. 164).

Protected persons.  There is no longer any certificate to provide from the judge of tutorships or curatorship’s, the entourage, or the curator. The Civil Code indicates that the person in charge of protection is informed beforehand of the marriage of the adult he or she assists or represents (art. 460).

Protected adults will only be able to submit their marriage file to the town hall after having informed the person in charge of protecting their project, therefore before the publication of the banns in order to allow the latter to assess the interests of the protected person. this union. 

"Deadline for emptiness".  it is no longer necessary for the widow or a divorced woman, by a deadline of 300 days of age since the dissolution of death by marriage or divorce before remarrying (former Article 228 of the Civil Code ).

 

2. Marriage record

Information of future spouses.  At the time of the withdrawal of the documents necessary for the completion of the formalities prior to marriage, information relating to family law and the rights of the surviving spouse must be provided, by the town halls, to each of the future spouses of decree n ° 74-449 of May 15, 1974).

Information relating to family law and the rights of the surviving spouse is available in the appendix to the model of the family record book on 23 December 2002.

No details are given on how to provide this information; in the absence of a specific brochure, the submission of a copy of the annex to the decree enables this obligation to be met.

Content of the marriage file submitted by the future spouses.  The documents constituting it are intended to allow the registrar to verify that the spouses meet the conditions to be able to get married (cf. 1).

In order to be able to publish the banns, the following information or documents must be submitted for each of the future spouses (art. 63):

- an extract with an indication of the filiation of his birth certificate (and no longer the full copy), which must not be more than three months old if it was issued by a Pakistan registrar. 
However, the registrar may, after having previously informed the future spouse, request the verification of the personal data contained in the civil status documents from the custodian of the birth certificate of the future spouse. via COMEDIC. The latter is then exempted from producing his birth certificate extract.

When the birth certificate is not held by a Pakistan registrar, the extract from this certificate must not be older than six months. This time limit does not apply when the document emanates from a foreign civil status system that does not update the documents (art. 70).

The future spouses who would be unable to obtain this document may supplement it by bringing back an act of notoriety issued by a notary, or, abroad, by the competent Pakistan diplomatic or consular authorities (art. 71);

- proof of identity by means of a document issued by a public authority;
- the indication of the first names, surname, date, and place of birth, profession and domicile of the witnesses, except when the marriage must be celebrated by a foreign authority;
- the notary's certificate relating to the establishment of a marriage contract, if applicable (article 1394).
The above information or documents are accompanied by any supporting documents establishing the domicile or residence of each of the future spouses of decree n ° 2007-773 of May 10, 2007) or one of their parents.

Since 2007, a medical certificate of fewer than 2 months from the date of submission of the file is no longer necessary.

 

Courtesy: Best wedding planner in Lahore