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Posts Tagged ‘French law info’

In France, a company can set their own payment terms and conditions. Usually, the first payment instalment is due upon the signature of the estimate or quote (estimate / quote = ‘devis’ in French). One example of a common payment schedule detailed in the company’s terms and conditions would be 40% upon signature of the ‘devis’, 30% 60 days before the wedding and 30% 30 days before the wedding. Another example might be 30% upon signature of the ‘devis’, 50% 60 days before the wedding and the final 20% within 30 days after the wedding. You should be aware that after a certain point in the payment schedule, instalments may be non-refundable. This is more often than not the case for the first installment.

It is of course advisable to read the small print in any company’s terms and conditions in detail before signing anything, however if they are provided in French, do not hesitate to ask for an English translation. Even if you are supplied with an English version of the company’s terms and conditions, you should be aware that only a signature on the French version will be legally binding. If a company or venue is unable to provide you with a copy of the terms & conditions in English, you could use the services of a professional translator. I very good friend of mine who has her own translation company in Nice, Serena Diiorio, is a French to English translator. Don’t hesitate to contact Serena by email or give her a call on +33 (0)6 31 54 20 93.

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The civil ceremony is the only legally recognised marriage ceremony in France and is uniquely permitted for heterosexual couples of 18 years old and over. The French civil ceremony is held at the town hall (Hotel de Ville / Mairie in French) nearest to either one of a couple’s principal home and is conducted by a person with official state authority (either the Mayor or one of his deputies). It is sometimes possible to marry at the town hall closest to either of the future Bride and Groom’s parents’ house if this location is preferred. Contrary to practice in certain other countries, the state official is not permitted to conduct a civil ceremony anywhere other than the town hall where they are based. The French civil ceremony may be accompanied by a religious ceremony, but religious ceremonies are not legally binding in France and must take place after the civil ceremony (either on the same day or at a later date).

Process of Application
Te following paperwork must be provided to the town hall to complete the wedding file:

  • birth certificate. For all French residents born abroad, the birth certificate should be issued not more than 6 months before the wedding date and must be translated into French by a sworn translator.
  • A valid form of ID (passport, driving licence, national ID card).
  • Documentation to prove residency in France (rental agreement, electricity bill, property deeds, phone bill etc).
  • The names, signature and contact details for the witnesses (1 for each of the couple minimum and 4 maximum, all over 18 years of age).
  • Divorce certificate or death certificate of a previous spouse if either of the couple has been married before.
  • Copies of all of the birth certificates of any children the couple has had together or adopted together.

In France, there is a 10 day waiting period between the date that the couple have turned in their marriage application and when they can actually get married. The 10 day period allows for the publication of ‘banns’ which consists of publicising the following information outside the town hall where the couple are due to marry: full name, profession, principal address, place where the wedding will be celebrated. Effectively the 10 days ‘banns’ period is to allow for anyone who believes there is a lawful reason why the couple may not wed to come forward (to proclaim a suspicion of polygamy or bigamy for example).

Marriage for Foreigners in France
Foreigners can marry in France providing that all necessary documentation can be provided. Depending on your nationality, additional documentation not mentioned above is required such as a Certificate of Celibacy (Certificat de Célibat) which is issued by your foreign embassy in France and a Certificate of Custom (Certificat de Coutume), also issued by your foreign embassy in France.

If neither you or your partner are French nationals but have been an official French resident for at least 40 days (allowing for the 10 day ‘banns’ period after the legal minimum requirement of 30 consecutive days of residency) a civil ceremony is definitely possible. A holiday home in France is sometimes accepted as proof of residency but the official line is that you are supposed to be full-time residents in France.

If neither you nor your partner are full-time residents or have a holiday home in France, it is difficult to hold a legally binding civil ceremony in France. However, if either you or your partner’s parents have a home in France be it a principal residence or holiday home, it is sometimes possible.

Many foreign couples decide to marry officially in their country of residence before coming to France to hold their main festivities. Once in France, you have either the possibility of holding a non-religious ceremony conducted by a wedding celebrant or alternatively you could hold a religious ceremony in a place of worship. Normally the officiant (the person who will be leading the ceremony) at a place of religious worship will require proof of marriage such as a copy of your marriage certificate, before agreeing to conduct your ceremony at his / her establishment.

The Civil Ceremony
The French civil ceremony is held in a room in the town hall dedicated for the purpose of wedding ceremonies. The doors of the room must be left open throughout the ceremony as marriage is considered to be a public act. Usually a Marianne statue, the symbol of the French Republic, can be found in the room. The state official (either the Mayor or one of his deputies) who is conducting the ceremony, wears a scarf which represents his official state authority. The bride and groom must respect an appropriate dress code which must not prevent the ability to verify their true identify. The French civil code concerning the act of marriage is read out by the state official, the bride and groom must respond affirmatively when prompted. There is no mention in the French civil wedding ceremony text of the exchange of rings, however upon request this can be integrated into the end of the ceremony by the state official. Both of the couple must be sufficiently fluent in French to be able to fully understand the civil code. If this is not the case, an interpreter can be provided. Once the ceremony has been conducted, the couple will be given a ‘livret de famille’, an official document where all formation regarding persons in the family are noted such as names and birth date of children etc.


For detailed information regarding the legal issues surrounding getting married in France, you can visit the official French governmental website for civil marriages.

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You may not have thought about it but making sure that you are covered for any wedding mishaps may be a very good idea. Wedding insurance policies vary depending on the provider but the majority cover the following:

  • Cancellation or rescheduling of wedding
  • Bride and groom attire including rings
  • Wedding gifts
  • Wedding transport & the wedding car
  • Deposits lost in case of cancellation of suppliers or the venue
  • Personal and public liability
  • The theft or damage of any equipment used by suppliers or the venue
  • Honeymoon travel insurance

If you are using a wedding planner, make sure that they have public liability insurance (‘assurance responsabilié civil’  in French). Your wedding planner should in turn ensure that all suppliers are also insured. Marquee companies should be particularly attentive as any structural problems could be a health and safety issue as should any entertainment companies who book potentially dangerous performances for your wedding celebrations such as fire eating, stilt waking or snake charming.

If you are wondering about where to find wedding insurance, ask your housing insurance supplier or search online for a company specialising in wedding insurance. A few of the British wedding magazines I read recommend E and I Insurance. Bride’s magazine had a link to this price comparison website in their last issue: http://www.compareweddinginsurance.org.uk/. Wedding Plan, Protect My Wedding and Wed Safe also all seem to be a good insurance companies.

I have recently read on another blog called TheFizzCoUK that wedding insurance might not cover venues in countries other than the country in which you have taken out the insurance policy, so make sure that you check with your insurance provider before you sign up to anything.

 


 

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In France, you will be asked by venues, suppliers and wedding planners to sign an estimate / quote or ‘devis’ in French to confirm any bookings. A service is only confirmed and thus legally binding when the ‘devis’ is signed by both the client and the company providing the service.  The ‘devis’ should detail each service or product provided with the amounts before (HT) and after (TTC) the addition of French VAT. The VAT rate should be detailed for each service.

The ‘devis’ should also detail the terms and conditions of payment and sometimes include the general terms and conditions which by signing the document you are agreeing to. The terms and conditions are usually only provided in French, however some companies may include an English translation (they will however only accept a signature on the French version for legal purposes).

Each estimate has a number which will figure on the invoice (‘facture’ in French) you will receive from the supplier or venue after the service has been carried out. The‘facture’ will detail any payment instalments already paid and any remaining payments that need to be settled. In the case that you order any extras that were not allowed for on the estimate, you should be billed with an extras invoice most likely apart from the final invoice.

The French are extremely strict about the signing of estimates; they will very rarely accept a verbal confirmation. In my option this is a good thing for the client too so that once a price has been agreed, you will be less likely to find yourself with any nasty surprises in the final invoice.

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In France, VAT (TVA in French) is chargeable at one of two different rates. The standard French VAT rate is 19.6% and the secondary VAT rate reserved for certain sectors such as transportation.  Food sold in restaurants and by catering companies has recently been relegated from 19.6% to 5.5% to be in line with takeaway food outlets. This government initiative is an attempt to give a boost to the restaurant sector. Soft drinks are also subject to 5.5% VAT but alcohol is subject to 19.6% VAT. When receiving quotes from caterers or restaurants, the difference in price between the food and alcoholic beverages can be rather shocking sometimes, this can be explained by the 14.1% difference in VAT.

In France, companies refer to prices as being either HT (French abbreviation for ‘hors taxe’) or TTC (French abbreviation for ‘toute taxe comrprise’). HT is literally translated as ‘without tax’, this is the net price before any VAT has been added. TTC can be translated as ‘including tax’, which of course means that the price is inclusive of VAT.

The price that you, the end consumer will have to pay, is the TTC price, inclusive of tax. The actual amount that a company will usually earn will be the HT amount exclusive of tax. The difference between these two prices is the amount of VAT which companies pay each month to the french government. Be aware that companies in France tend to quote in HT more often than TTC. It can be a little confusing when trying to work out how much things are really going to cost so don’t hesitate to ask in advance for a quote in TTC.

Certain companies in France are VAT exempt depending on their annual turn over, their sector or activity. You may find that if you rent a villa or other private property for your wedding that VAT will not feature on the estimate. This is because VAT does not apply to accommodation when it is booked exclusive of any additional services. Also a photographer or independent wedding planner may also be VAT exempt if they have a ‘self-employed’  status (‘auto-entrepreneur’ in French) . In both cases, if VAT is not mentioned then the price quoted will be the price you pay.

If you by any chance have your own VAT registered company through which you are going to pass the expenses related to your wedding, you may be able to claim back the VAT which you have paid. There is a company which specialises in the recovery of VAT; they earn their money through a commission on the funds they manage to get back on your behalf. For more information, you can contact the company TEVEA International by email: mail@tevea.fr.

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