GK: This Country Allows Marrying A Dead Person Legally – News18

Last Updated:February 12, 2025, 13:59 IST

France allows posthumous marriage, but only with presidential approval and proof that the deceased intended to marry before their passing.

France is known for many wonderful things, including its rich culture, stunning countryside, and delicious cuisine. However, the country also has some rather unusual laws—one of the most surprising being the legality of marrying a deceased person.

Often referred to as the “lover’s paradise,” France does not limit romantic relationships to the living. In fact, posthumous marriage is legal in France, a tradition dating back to the Napoleonic era, when women whose intended husbands had been killed in battle sought to honour their commitments.

This practice became particularly common during and immediately after World War I, when women who wished to ensure the legitimacy of children whose fathers had died before marriage needed a way to formalise their unions. The modern version of this law was codified in 1959 and included in Article 171 of the Civil Code.

That year, a dam collapse in Fréjus, southern France, led to the deaths of 420 people. Among them was a young man named André Capra, who had been about to marry his pregnant fiancée. Devastated, she petitioned President Charles de Gaulle for permission to proceed with the marriage, which was ultimately granted, allowing for the legal recognition of their child’s birth. Since then, it has been legally possible to marry someone posthumously.

However, not just anyone can marry a deceased person; each request must be personally approved by the French president, and strict conditions must be met. The most important requirement is evidence that the deceased had a clear intention to marry, such as an engagement announcement or wedding plans.

The decision may also be influenced by factors such as a long history of cohabitation, raising children together, or the fiancé(e)’s death under particularly tragic circumstances, such as war, a natural disaster, or a terrorist attack. Ultimately, the president holds the authority to approve or deny such marriages.

These weddings have become less common as societal attitudes towards unmarried parents have evolved, but they still occur.

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One of the most notable cases took place on 20 April 2017, when a terrorist attack on the Champs-Élysées left police officer Xavier Jugelé dead. In a remarkable turn of events, his long-time partner, Etienne Cardiles, was granted permission to marry him posthumously. The wedding took place on 30 May that same year, officiated by Paris Mayor Anne Hidalgo, with former President François Hollande in attendance. As a result, Xavier Jugelé’s marriage certificate is dated 19 April 2017, the day before he was killed.

Strict measures are in place to prevent individuals from seeking posthumous marriage for financial gain. While the surviving spouse may receive a widower’s pension, spousal life insurance benefits, and the right to adopt the deceased’s surname, they do not inherit their late partner’s assets or receive a marital settlement.