George Boyle
Posthumous marriage, also known as post-mortem matrimony, is a legal practice in France, where it is recognised by Article 171 of the French Civil Code. In other countries, such as the United States, it is not legally recognised. Posthumous marriage is often motivated by the desire to legitimise unborn children, as well as for emotional reasons. The tradition has origins in war, where the partners of deceased soldiers would marry their fallen lovers via proxy.
| Characteristics | Values |
|---|---|
| Countries where post mortem weddings are legal | France, China, and in the Mormon Church in the US |
| Number of post mortem weddings in France per year | 50 |
| Requirements for a post mortem wedding in France | Approval from the President, Justice Minister, local officials, and the family of the deceased |
| Reasons for post mortem weddings in France | To legitimize children, for emotional reasons, to unite the family line, and to provide a legal framework for partners and children |
| Disadvantages of post mortem weddings | Legal and ethical complications, such as property rights and succession |
| Other countries with traditions of post mortem weddings | Korea, Sudan, India (Billava, Badagas, Komatis, and Todas communities), Okinawa, Germany |
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What You'll Learn
- Posthumous marriage is legal in France, but not in the US
- Posthumous marriage is also practised in China, India, and by the Mormon Church
- In France, the President must approve the marriage
- The tradition of posthumous marriage began with war widows
- Posthumous marriage does not grant the living spouse any property or money
Posthumous marriage is legal in France, but not in the US
Posthumous marriage, also known as postmortem matrimony, is a unique and uncommon practice that allows individuals to marry a deceased partner. While this type of marriage is recognised in only a handful of countries, France stands out as one of the few nations where it is legally permitted. In the United States, however, posthumous marriage is not legally recognised.
The legal recognition of posthumous marriage in France has a fascinating history. It dates back to the 1950s, when a tragic accident in Fréjus, France, claimed the lives of 400 people, including a man named André Capra, who was engaged to Irène Jodart. Devastated by her loss, Jodart appealed to the French government, led by President Charles de Gaulle, to allow her to fulfil her marriage plans with her deceased fiancé. With media support, her request was granted, setting a precedent for posthumous marriages in the country.
Article 171 of the French Civil Code outlines the legal framework for posthumous marriages in France. It states that the President of the Republic may authorise such marriages for serious reasons if one of the spouses dies after completing the official formalities indicating unequivocal consent. The approval process involves multiple steps, including authorisation from the President, the Justice Minister, and the prosecutor for the surviving member's district. Additionally, the family of the deceased must approve, and the couple must have been engaged prior to the death.
Despite the legal recognition of posthumous marriage in France, there are important distinctions to be made regarding property and inheritance. Article 171 specifically mentions that the surviving spouse does not gain any right to the deceased spouse's property or money through intestate succession. The marriage is considered to have no matrimonial regime, and the surviving spouse becomes a widow or widower, facing the financial uncertainties that come with the loss of their partner.
In contrast to France, the United States does not legally recognise posthumous marriage. While there have been attempts by individuals to pursue such marriages, they have not been legally successful. For example, in 1987, a Venezuelan man died in Florida, and his alleged fiancée claimed spousal rights over his estate. However, the man's children appealed, and the court reversed the initial decision, highlighting the lack of legal recognition for posthumous marriage in the US.
In summary, posthumous marriage is an uncommon practice that holds legal recognition in France but not in the United States. While France has a history of permitting these marriages under specific circumstances, the US does not provide the same legal framework. Each country approaches this topic differently, reflecting varying cultural and legal perspectives on marriage and its implications.
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Posthumous marriage is also practised in China, India, and by the Mormon Church
Posthumous marriage, also known as necrogamy or ghost marriage, is a rare tradition in China called minghun or spirit marriage. This can be performed between two deceased single people, or between a dead person and a living person. China has influenced Okinawa, which also has a custom of posthumous marriage to correct the rules of placing spirit tablets.
In India, the Billava, Badagas, Komatis, and Todas communities practice posthumous marriage.
The Mormon Church, or the Church of Jesus Christ of Latter-day Saints, believes that marriages can be performed for "time and all eternity," rather than just "until death do us part." This practice is referred to as sealing or eternal marriage. Sealings can be performed posthumously, either to wed a living person to a deceased spouse (with a church member standing as a proxy for the deceased) or between two deceased persons (with a living man and woman as proxies). In either case, the couple must have been married while alive, so this practice is more accurately described as posthumous sealing rather than marriage. Recent changes in church policy also allow women to be sealed to multiple men posthumously, but only after both she and her husbands are dead.
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In France, the President must approve the marriage
Posthumous marriage, also known as necrogamy, is legal in France. It has been a recognised tradition in the country since 1804, with roots in the idea of marrying fallen soldiers to ensure their pensions went to beneficiaries. Legal recognition of posthumous marriage in France began in 1803, and it was intended for war widows. The current legislation was enacted in 1959 following the deadly rupture of the Malpasset Dam, which killed the fiancé of a pregnant woman.
The primary reason for posthumous marriage in France is to legitimise children that a woman might have. It is also done for emotional reasons, such as providing a sense of closure or fulfilling the wishes of the deceased. The living spouse does not gain the right to inherit from the deceased or benefit from a marriage settlement. However, they can benefit from a widow(er)'s pension or a spousal life insurance payout and retain the last name of the deceased if desired.
To obtain approval for a posthumous marriage in France, there must be evidence that the deceased intended to marry their partner while they were alive. This can include the publishing of marriage banns, the purchase of rings or a wedding dress, or sending out wedding invitations. The family of the deceased must also approve the marriage. While it is a rare occurrence, with around fifty requests made annually, posthumous marriage is a legal option in France, requiring the authorisation of the President and meeting the necessary conditions.
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The tradition of posthumous marriage began with war widows
Posthumous marriage, also known as postmortem matrimony, is a tradition that began with war widows. France is currently the world's capital of posthumous matrimony. This practice dates back to the First World War when the fiancées and girlfriends of slain soldiers would marry their fallen lovers via proxy. In 1950, the French government legally clarified the ritual. The legislation was enacted in 1959 following a deadly rupture of the Malpasset Dam, which killed the fiancé of a pregnant woman. This aimed to legitimize unborn children whose fathers had died, a practice that was also seen in Nazi Germany.
Under French law, posthumous marriages are possible as long as evidence exists that the deceased intended to marry their partner while alive. The living spouse must also get the approval of the nation's President and Justice Minister. A simple ceremony is then held, in which the bride or groom stands beside a photo of their significant other. While France is one of the few countries that legally recognize posthumous marriages, it is not a common practice.
Posthumous marriages are also performed in the Church of Jesus Christ of Latter-day Saints, where members believe that marriages can be performed for "time and all eternity." Posthumous sealings can be performed to wed a living person and a deceased spouse (with a church member standing as a proxy for the deceased) or between two deceased persons (with a living man and woman standing in as proxies).
In some cultures, posthumous marriage is seen as a way to protect the name and honor of a family. For example, in Chinese culture, a ghost marriage can be arranged by a medium if the spirit of a dead man requests it. This allows a girl to avoid the stigma of being unmarried and provides protection for her family name. In other cultures, posthumous marriage is a way to ensure that a person has a spouse in the afterlife.
While the tradition of posthumous marriage may have originated with war widows, it is now sought by people from various backgrounds, including those who wish to honor the intentions of their deceased partners, and those who seek financial security or legitimacy for unborn children.
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Posthumous marriage does not grant the living spouse any property or money
Posthumous marriage, also known as postmortem matrimony, is only legally recognised in a few countries and jurisdictions. In the United States, federal law does not recognise posthumous marriage ceremonies, although there have been instances of such marriages being performed. For example, in 1987, a Venezuelan man died in Florida. The next week, his alleged fiancée told the probate court that she was his wife and claimed her right to administer his estate. However, this order was reversed the following year after an appeal by the man's children.
France is one of the few countries where posthumous marriage is legal. This practice dates back to World War I, when the fiancées and girlfriends of slain soldiers would marry their fallen lovers via proxy. In the 1950s, the French government legally clarified the ritual, and since then, hundreds of women have formally filed for postmortem matrimony. To qualify, one must provide evidence that the deceased intended to marry them while alive, such as official wedding announcements or written permission from a soldier's commanding officer. However, it is important to note that Article 171 of the French Civil Code states that posthumous marriage "does not entail any right of intestate succession for the benefit of the surviving spouse, and no matrimonial property is deemed to have existed between the spouses." This means that the living spouse does not inherit any property or money from the deceased spouse as a result of the posthumous marriage.
In South Korea, the government permitted the pregnant bride-to-be of a dead boxer to "console" his spirit by marrying him posthumously. However, it is unclear whether the living spouse received any property or money as a result of this marriage.
While posthumous marriage ceremonies may provide emotional comfort and a sense of completion for the living spouse, they do not grant any legal rights to the property or money of the deceased spouse in most jurisdictions. It is essential to make a will or take other necessary legal measures to ensure the financial security of loved ones in the event of death.
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Frequently asked questions
No, post mortem weddings are not legally recognized in the United States. However, there have been instances of people attempting to conduct such weddings.
Yes, France is one of the few countries in which it is legal to marry a partner posthumously. This practice, also known as "postmortem matrimony", became legal in the 1950s following a tragic accident that killed the fiancé of a pregnant woman.
To qualify for a post mortem wedding in France, one must provide compelling evidence that the deceased intended to marry them while alive. The request must then be approved by the President, the Justice Minister, and the family of the deceased.
