France, a land of rich culture, enchanting nature, and delicious cuisine, also holds a unique law that has intrigued many- the practice of posthumous marriage. This unusual tradition, dating back to the Napoleonic era, gained prominence during and immediately after World War I. Unmarried women, seeking to formalise their partnerships and provide legitimacy to their children, often turned to posthumous marriage. The modern version of this law was codified in 1959 and included in Article 171 of the Civil Code. This marked a significant historical event in French culture.
In 1959, a tragic event in Fréjus, southeastern France, significantly changed French law. A dam collapse claimed the lives of as many as 420 people, including a young man named André Capra, who had planned to marry his pregnant fiancée. Devastated by her loss, the girl, in a heart-wrenching plea, asked then-President Charles de Gaulle for a posthumous marriage. This was eventually granted. This emotional story underscores the compassionate nature of posthumous marriages in France.
Strict conditions
Posthumous marriage in France is not a matter to be taken lightly. The highest authority must approve each request. The president himself needs to approve, adding a sense of gravity and solemnity. Strict conditions must be met. One of the most important is proof that the deceased had a clear intention to marry, such as announcing an engagement. This underscores the solemn and respectful nature of posthumous marriages in France.
Specific factors can also influence the decision to approve a posthumous marriage. These include a long history of cohabitation between the partners, raising children together, or the death of the fiancé under particularly tragic circumstances. Examples of tragic circumstances include war, natural disasters, or terrorist attacks. Ultimately, the French president can approve or deny such marriages.
Recent case
Although this practice has become less common as social attitudes towards unmarried parents have changed, it still exists. One of the most notable cases of posthumous marriage was recorded on 20 April 2017. The case involved police officer Xavier Jugelé, killed in a terrorist attack on the Champs-Élysées in Paris. His long-time partner Etienne Cardiles managed to obtain permission to marry him posthumously. The wedding occurred on 30 May of the same year, organised by Mayor Anne Hidalgo and attended by former President François Hollande. As a result, Xavier Jugelé’s marriage certificate is dated 19 April 2017, the day before he was killed.
Strict measures are now in place to prevent individuals from potentially seeking financial gain through posthumous marriages. The surviving spouse is legally entitled to a widow’s pension, life insurance benefits, and the right to adopt the deceased’s surname. However, they will not inherit the partner’s property or receive the marital estate. According to some unofficial data, there are about ten posthumous marriages in France each year.