With Spring on the horizon, many new readers will be on their way to France in search of their first home abroad. It is an exciting time and there are few moments more rewarding then the waking up the first day in your own home in France. You can almost smell the lavender and croissants.

However - I am a lawyer so there is always a “however” - buying a home in a foreign country with foreign laws and languages carries additional risks. The good news is that France does a good job of protecting the homebuyer both before and after the purchase, both through the notaire system, and through the laws governing property purchase. There are also many good books and websites explaining in English how to buy French Property. The best is http://www.notaires.fr “My Home.”

So rather than repeat that excellent information, I have prepared a list of what “they don’t tell you,” and should. These are the origins of what fills my property law case folders, court calendar and portable hard drives.

   1. Inheritance. In most cases you must decide inheritance issues before signing the final contract, or acte authentique, and sometimes even before signing the compromis (when you are obtaining a loan). After you have completed the sale it is costly to change the ownership structure of your new property.
   2. Renovations. Many sellers will say that they have done this and that, rebuilt the roof on the barn, and rewired the pool house. Ask for receipts and proof that each building firm or artisan has insurance. This benefits the seller as well: the seller is responsible for defects and problems in renovations for 10 years after completion of the works. If there are new additions, say a new garage, look at the cadastre plans to see if there is a box drawn corresponding to the change in the house - this will ensure that a building permit was obtained and that the garage was built to its specifications. For all major works requiring permits ask for the Certificat de Conformité (confirmation by the authorities that the building conforms to the permit) to be sure for example that you won’t have to tear down a wall that was built too high.
   3. What you see is what you get. The law provides an owner is not responsible for problems he or she does not know of at the time of the sale. So ask a lot of questions about the underlying structure and if possible ask for the answers in writing. Consider for example, swimming pools. If the pool has a leak, the owner probably knows about it, but it will be hard to prove later. Ask for a copy of the water bills just to be sure — always a good thing to do anyway as you will see sudden spikes in water usage, due to a pool leak or bad plumbing.
   4. Plumbing/Septic tanks. Always ask about the condition and plan of the septic tank: how old is it and does it conform to the new mandatory fosse toutes eaux. If not, find out how much it would cost to bring it up to standard. And it never hurts to ask the seller to empty the septic tank before you move in.
   5. Electricity. Though this will become mandatory, ask for an electricity survey to ensure that the wiring is up to the regulatory standards. This can be done at the same time as all the other surveys (lead, energy performance, asbestos, termites).
   6. Taxes. Always ask the notaire to check that all the Taxe d’Habitation and Taxe Foncière have been paid up. If the seller disappears off to Panama to begin a new life, you could find yourself paying off the unpaid debt — plus interest.
   7. Negotiations. Every thing you say or write could be held as evidence against you. So be cautious in handling negotiations and do not give the impression that you are agreeing on a price prior to signing the compromis. Indeed, a contract can be enforced by the court regardless of whether an official compromis has been signed, when there is evidence that the parties have agreed to the price (through emails and even oral agreement if it can be proven by independent sources.).
   8. Get good advice. Do not make the mistake in thinking that the Notaire is your solicitor. Notaires do have a high duty of care towards their clients and are very helpful, but they will not necessarily offer you specific advice unless you ask the right questions - they do not always realize how much advice foreign buyers really need. Most buyers and sellers use the services of one notaire between them. That is fine but why not hire your own notaire - this will increase your protection but not increase your costs as both notaires split the fees between them. In complicated or expensive property purchases, or just because you want another level of protection, you can hire an avocat who will work alongside the notaire - everyone pays just a little more attention when a avocat is involved. Again, it is best to hire an avocat who is qualified to practice law in France and can immediately handle anything that does not go according to the script.
   9. Final completion date. The compromis will define a date for signing the final contract. Be sure that you completely understand the wording of that clause and change it if you are unhappy with it. For example some such clauses can provide that the seller may consider himself free of any obligation should the buyer be one day late (say in transferring the final purchase moneys to the notaire’s account). Therefore make sure that you get plenty of leeway inserted in the clause.
  10. Know your Boundaries. Many older properties have very fuzzy borders - “your land runs from that tree to that tree.” If you have any doubts, ask for a “bornage” or survey done by a qualified Géomètre. Find out also whether a wall on your property encroaches on your neighbour’s land. Precise boundaries are very important in France.
  11. Bank loans. Many buyers will ask for conditions suspensives (conditions precedent), which would allow them to withdraw from the purchase if the loan isn’t forthcoming. However, occasionally a buyer tries to use this excuse to back out of the sale by just simply saying, “Sorry the bank turned me down.” Be careful; if the seller presses that may not be enough. You must have proof that the bank refused the loan and that you tried your utmost to achieve success in your application.
  12. The Compromis is Sacrosanct. Do not think the compomis is just a preliminary agreement that doesn’t carry weight. In France, the compromis is binding and final, after the well known seven-day period has elapsed when you can change your mind. Take it very seriously.

Some of these points are deal breakers while others are simply negotiating points. Either way, these should help you relax that much more when you wake up the first time in your new French home. (And as always, refer any doubts to your avocat or notaire as each case differs in its facts or legal implications.)

During the proceedings the Judge will issue an Order (Ordonnance de Non Conciliation or ONC) with various temporary measures (Mesures Temporaires) and among these will be his or her ruling as to who will be allowed to stay in the home. Several criteria will determine the Judge’s decision. Paramount will be the children; the judge will routinely allow the children to stay in place so as not to upset their environment – school, friends, home – any more than necessary. In that case the parent who stays with the children, usually the mother, will stay in the house.

If there are no children, several other criteria will come into play. Which of the two individuals will have the most difficulty in finding a new residence? Does either spouse use the home for work or business? Who owns of the property? Does either spouse have serious health issues? However, in the absence of children, the temporary residence in the house is not always free of charge; where both names are on the deed, the judge often orders the person residing in the home to pay rent to the spouse who departs.

There is one important benefit to staying in the house. All things being equal, where each party wants to, and can afford to, buy the other person’s share, the judge often will lean toward giving the home to the person who occupies it during the temporary proceedings. The residing spouse then may have to pay the departing partner for his or her share in the home.

Turning to the question of permanent measures the judge will appoint a notaire to prepare a proposed liquidation of the matrimonial assets for the agreement of both parties. This is called the récompense between the spouses, and is an accounting exercise.

The notaire will assess the state of accounts between the parties, i.e., who paid the purchase deposit, who paid the mortgage, who paid the renovation, and also under what matrimonial régime were the spouses married. Based on this the notaire will determine the percentage share of each party in the home. The house is then valued so that one of the two spouses can pay for the share of the other. Alternatively, the property is sold and the proceeds distributed according to the determined shares.

(With that in mind, when the marriage is going well, it pays to keep a careful accounting of who pays the deposit, loans, and renovations on a French home. Keep track of your financial participation in the home. If the €60,000 deposit on a €600,000 Euro home comes from a bank account with the name of one spouse, then the notaire may apportion the first 10% to that spouse, depending on the matrimonial regime.)

If there is no agreement, then the Judge will rule on the divison of assets (usually along the lines of the notaire’s accounting.) Additionally, a much greater element is thrown into the equation – alimony. In some extreme cases, and regardless of whether the poorer spouse has ever contributed to the home costs, he or she may still obtain the matrimonial home as part of the divorce settlement, or at least the right to live in it for the rest of his or her life (usufruit).

Take the stereotypical example where the husband is a plastic surgeon, or banker, in London, is in perfect health and is divorcing his wife of 20 years who gave up her career as news broadcaster to raise their three children. The judge will, in this case, seek to compensate her for the discrepancy in their future incomes. He can do this through monthly alimony payments to the wife, a one-time lump sum, or a mixture of the two. Where the husband has capital or assets, or is likely to inherit from wealthy parents, the French judge will always favor the lump sum. The husband’s share in the house will often be part of the lump sum payment.

As always, a little information can be a dangerous thing, so please consult your avocat before drawing any hard conclusions on the fate of your matrimonial home.

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This article is intended for background information only and should not be construed as advice to act on. Individual circumstances can differ widely.

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First the basics. Under French inheritance law the transmission of real estate located in France follow French rules as to heirship and the obligatory reserve parts for Children. In the absence of minors, the Notaire will supervise the probate process. However, a judge at the local Tribunal d’Instance steps in when the estate involves children under 18 or other individuals protected by the court (such as mentally handicapped.)

That is when a will becomes important. In theory, French law forbids a person to place conditions on his or her inheritance (pacte sur succession future) and the Judge has sole discetion over succession issues. However, in practice parents can and should express their wishes, and if clearly stated and reasonable, Judges will give them maximum consideration and where possible allow them to be put into practice.

What does that mean? Consider the following case. The British parents of two children under ten years old, have a 450,000 Euro French home, no other family in France and tragically pass away. The house can be a principal residence or holiday home. In the absence of a will the judge rules that the house cannot be sold until the children are 18 years old. Over the next decade the house deteriorates, as the guardian either cannot afford to manage it or live in it or just has no interest in France. The children turn 18 and a year later sell their house, drop out of university and buy matching Porsches.

Consider the alternative. The French will states the parent’s wishes are for the house to be sold, and the proceeds be used by the guardian (identified in the will) to educate the children in private (public in England) education, and for reasonable expenses, with a certain portion placed in a trust fund. An English will is prepared that dictates that once the children become 18 (when the French heirship laws no longer apply), the remaining cash be placed in a British trust to be used for the children’s university education with any remainder given to them when they are 25 years-old.

In addition to stating your wishes for how your property should be handled, I would recommend French wills also include, at least, the following. First, the primary Guardian and proposed Reserved Guardian should be identified along with clear instructions as to how the estate should be managed. Next identify the executor if different from the Guardian. Third, if the Guardian or Executor does not speak French, it is wise to identify a French lawyer, and provide for his or her expenses to bepaid out of the estate (otherwise the guardian must pay); this is important as the procedures regarding minors is complicated.

Last, French wills of course should generally be written in French. And both spouses must prepare their own will.

Let us save taxes for another day.

At last there good news for couples with Pacs with changes in inheritance legislation already underway. ( A Pac is a civil union for unmarried couples registered formally in a French court.)

The new law, known as TEPA (Loi du 21 aout 2007 en faveur du Travail, de l’Emploi et du Pouvoir d’Achat) will provide for generous tax exemptions for members of Pacs and should be applicable to both inheritance and gifts.

The last French tax reform (which came into force January 2007) disappointed many with regards to conditions for unmarried couples in Pacs, as they were seen as less generous than those for married couples. Under that reform, inheritance tax for the surviving spouse of a Pac provided for an exemption of 57,000 Euros as opposed to those for married couples of up to 76 000.

Though the law is not yet in force, the latest reforms will provide an equal treatment of Pacs couples and married couples — the total exemption of inheritance tax for the surviving spouse or Pacs “spouse”.

Others to Benefit

The good news does not stop there. Children inheriting from their parents are currently exempt from inheritance tax up to a limit of 50 000 Euros. When the TEPA law comes into force, children will benefit from an increase in the exemption limit to 150 000 Euros.

Brothers/sisters. Exemption of inheritance tax limits are proposed to rise from 5000 Euros to 15000 Euros. Exceptions: brothers /sisters over the age of 50 or living under the same roof and handicapped will benefit from a total exemption of inheritance tax when property passes from one to the other.

Gift taxes. The new TEPA law will increase the tax free limit for gifts from parents to their children to 150 000 Euros per 6-year period. (At the moment the maximum is set at 50 000 Euros per 6-year period)

Between spouses gifts will still be limited to 76 000 Euros and will include the same allowance for Pacs couples.

So, sadly for all the unhappy couples out there here goes. In France there are four types of divorce proceedings. They range from proceedings by mutual consent (with minimal judicial interference) to the all out finger-pointing, rage-inducing ‘divorce pour faute’ due to the unreasonable behaviour of one of the spouses. Midway between the two is the divorce requested by one party and accepted by the other. Last comes the divorce based on breach of communal life, usually where the spouses have lived apart for 6 years. In all these cases a lawyer is necessary. (If you lack the financial resources you may apply for ‘aide juridictionnelle’ (legal aid) at the nearest tribunal.) At this time, only a court of law, the tribunal de grande instance or the juge aux affaires familiales may grant a divorce. There is a proposed law which will allow mutual consent divorces to be filed with the local ‘mairie’.

We will start with the relatively ‘easy’ case of a couple with no children. Consider the divorce of Steven and Sharon, who sold their house in England at the top of the market and moved to France to start a new life. They find the classic 17th century barn but soon dreams literally turn to rubble as they find themselves living in a construction site. Fed up Sharon, spends more time with her new friends and Steve is left to soldier on alone. One day Sharon comes home to find an infuriated Steve has sabotaged the electricity ­ the end of hot water and, yes, the marriage. At first Sharon does, but Steve doesn’t want the divorce.

In this case, Sharon finds a lawyer, who will file a request with the Juge aux Affaires Familiales at the nearest ‘Tribunal de Grande Instance’. Even if Sharon felt more comfortable starting divorce proceedings in England, the law sates that a spouse must issue proceedings in the country in which he/she is habitually resident.

Two or three months later (sometimes more, depending on the Court), both parties will be called for a ‘conciliation’ before the Juge aux Affaires Familiales. In our case, Steven will be invited to take his own lawyer, and he would be wise to do so. Steven and Sharon will personally appear in front of the judge in chambers. The judge will want to listen to each party separately and in their own words. And he will want to see if there is any chance to patch things up.

In the process, Sharon and Steven mutually agree that divorce is the best and only solution. Instead of fighting on the basis of an alleged fault (which is often impossible to prove), they will both admit they each are responsible for the failure of their marriage. Their respective lawyers inform the judge. A few months later, Sharon and Steven will be divorced. Steven agrees to buy back Sharon’s share of the house and they draw up a deed with their notaire.

In this case, it will take between 6 months and one year to obtain the decree absolute. And Sharon never mentioned the reasons why she wanted to divorce. The good news is that, under French law, a divorce “pour faute” can, at any time, be changed to an amicable divorce (consentement mutuel or à torts partagés). The bad news is that the reverse is also true ­ at any time the amicable divorce can turn into a nightmare, and far too complicated to address here.

Consequences of divorce:

However, in response to readers, we can touch on the consequences of divorce. First, the ‘innocent’ or aggrieved spouse can seek to obtain damages from his/her ex as well as a ‘prestation compensatoire’. The ‘prestation compensatoire’ is normally a lump sum payment and is fixed by the judge to compensate the ex-spouse for discrepancies in situation resulting from the divorce. The prestation compensatoire may also be paid in the form of monthly installments during 8 years.

An important question is whether the spouse or spouses have property in England. If so, tread carefully, as there are sharp differences between the divorce laws in England and France. Sometimes it is worthwhile for one of the spouses to take a break, go back to England for six months and commence proceedings there. If he or she starts proceedings in France then the division of assets — the house, bank account, the car, the tools — will be drawn up according to the relevant marriage regime. Those married in England typically fall under the regime known here as ’séparation de biens’ (see our column on marriage in the last issue).

When both parties own the property, usually there are two ways of proceeding: the spouses agree to sell the property and share the proceeds or one spouse sells his or her share to the other.

Be careful too if the property has been purchased with a ‘clause tontine’ as is common these days. The divorce judgment must confirm one spouse’s intention to transfer his/her share to the other and both must agree to renounce the clause.

Children:

In the case of children the ‘Juge aux affaires Familliales’ awards custody (la garde) to either the father or the mother. But it is quite common for the award to be made for joint custody with the residence of the child fixed with one of the parents. The spouse who does not live with the child will generally have to pay ‘pension alimentaire’ (child support) fixed by the judge. This can be reviewed and increased with the cost of living (a national index), or varied after a change in circumstances.

Be aware, that if the habitual residence of the children is France, then a mother taking that six-month ‘residential’ break in England could, at a stretch, be considered to have kidnapped the child. Taking the children out of France must be done with the consent of the other parent.

Once the divorce in France is final, the judgment is enforceable in England and in most member sates.

It might be worthwhile and a lot cheaper to go see the latest Merchant Ivory production ‘Le Divorce’.

But do you still love it when the pony’s shed is never cleaned, and that for a single pony you get thousands of flies every summer? And when the henhouse not only produces fresh eggs, but healthy rats running across your own garden where your children play? And when that funny little pig suddenly gets 5,000 brothers and sisters, with trucks bringing in newcomers and taking the older ­ and fatter ­ ones to the slaughterhouse early in the morning, the noisy ventilation working day and night to keep the poor things breathing in the dusty air?

There is no limit to the trouble you can encounter from your neighbour. Either you underestimated the inconvenience when you bought the house or the nuisance has tremendously developed since your arrival. Or you bought this house in winter and the flies and rats arrived in summer.

However, now you are the lucky owner of the house, what can you do?

If you believe you are suffering from excessive neighbourhood inconvenience (trouble excessif du voisinage, which could also be translated by ‘excessive pain in the neck’), then you might have a case for your lawyer.

The principle is quite simple: the mere fact of having a neighbour brings some inconvenience: his dog barks, his rooster will sing early in the morning, but such inconvenience will be considered as normal, especially if you live in the country, where such noise must be expected. The inconvenience may not be considered as normal if the same dog barks all day long, locked up in the apartment next door, while his master is away for instance, driving you to a nervous breakdown. Intensity of inconvenience will be measured according to the circumstances: do you live in a city, where a donkey waking you up at 6 every morning is totally unexpected? The case of the single pony with its smells and thousands of flies is a real case, and has been considered as excessive neighbourhood inconvenience, because the smelly shed was built only five metres away from the house. The court ordered the shed to be taken down.

However, even if the inconvenience is unbearable, it could happen that you have a hopeless case: if you buy the house next to the farm that produces 5,000 pigs a year, and this farm has been there for years before your arrival, you will be considered as having bought the house with full knowledge and acceptance of the existing nuisance.

But if you buy a cottage next to an existing farm and this farm alters or extends its activity, causing a new and unbearable nuisance, then you have a chance of convincing a judge to rule a solution to the problem. Still, being cautious beforehand will avoid a lot of trouble. Before buying a house, inspect the surroundings and question the neighbours. Do your own investigation and do not only rely on the information given by the estate agent or the vendor. Take your time and do not buy the home of your life within a weekend, and you will stay away from the ‘excessive pain in the neck’ previously mentioned…

First a recap

Consider the case of two married British residents, Bob and Carole. They buy their holiday home with an SCI and each receive 50% of the shares. Bob chooses to be the registered gérant (managing director) and takes charge of running the affairs of the SCI.

As the property is located in France, the French succession laws, including the much feared law of forced heirship, would apply if it were not for the operation of the SCI. (An SCI does not circumvent French inheritance laws if the shareholders are French residents.)

Under French statute, the applicable inheritance law is that of the last country of residence of the deceased, and the SCI shares are considered ‘movable property’ which is taxable revenue in the UK. Thus, because Bob is domiciled in the UK, he is subject to UK inheritance laws and is free to leave his shares of the property to whomever he likes.

While the advantages in terms of inheritance laws remain unchanged, the long and growing arm of the British tax authorities has for many years cast a cloud over what constitutes taxable revenue derived from the earnings of company directors. This includes our SCI gérant, Bob, and as we shall later see, Carole, even though she is just a shareholder.

The SCI is a corporate entity. This is the catch. Bob and Carole have declared that their domicile is in the UK, for the purposes of avoiding French inheritance laws. But in avoiding one French law they are at the risk of facing costly UK tax implications (sections 145 and 146 of the ICTA 1988) relative to corporate entities.

The logic is simple: since the SCI is the real owner of the property, when Bob and Carole visit the property, they stay rent free. This is considered to be a ‘benefit in kind’ and as such can be considered a taxable advantage. While Carole is not the gérant, she would be considered to be a shadow director if she had ‘real influence’ on the running of the SCI and would thus be subject to the same tax provisions.

Ironically, French law sees SCIs as fiscally transparent or semi-transparent and, where an SCI does not trade commercially, treats each shareholder as an actual owner of property. Therefore no particular tax implications arise if the shareholders and the gérants live rent free in the property.

Grey areas

French and UK laws interpret this issue in very different ways. This is because SCIs are difficult creatures to classify. In the UK, only after many years of debate have they been judged to be corporations as opposed to partnerships under the ICTA Act.

The important point to remember here is that anyone examining the pros and cons of a SCI should first seek the advice of a specialist, who hopefully also has an SCI, a house in France but is resident in the UK, and maybe even has stepchildren and a cat.

And in most cases, they live happily ever after.

But, must there always be a ‘but’?, a hasty purchase can lead you into a legal storm if you change your mind on day number nine. The house is not really up to your expectations, you didn’t see the cows come home (and the flies with them), Bergerac is too far from the sea.

The legal question is ‘Can I change my mind?’ Consider David and Amanda. The couple visited a nice farm surrounded with vineyards through an estate agent and signed the sales agreement, promesse de vente, or compromis for €250,000 plus €15,000 for the estate agent.

They wrote a cheque to the notaire for €25,000 as a deposit. There was a contractual condition allowing David and Amanda to first obtain a loan for €200,000 with a 5% interest rate within four months of signing the sales agreement.

If they failed to find the loan, the contract could be rescinded without losing the deposit. Four months later, David and Amanda informed the sellers that they needed another six weeks to obtain the loan. In truth, Davis and Amanda had lost their enthusiasm to purchase the house, and hadn’t even applied for the loan.

Six weeks later, the sellers ask the couple to state their position, threatening to keep the €25,000 deposit. At this stage, David and Amanda assure the sellers they still want the property and will be ready to sign within three months. They even agree to pay an extra €3,000 for the delay.

Happy again, the sellers empty their home and move all their furniture intoa new house they had bought on the basis of the sale of their old farm. Trouble is, Davis and Amanda still can’t decide. And they still haven’t approached a bank for the loan. They mistakenly believed that that if they didn’t get the loan, they would not be compelled to purchase the farm.

A year later, the sellers have finally figured out the plot and called an avocat. The avocat obtained a court decision granting the sellers the €25,000 deposit, the €3,000 payment for the delay and €2,000 in damages to cover their lawyer’s fees.

To make matters worse, the estate agent joined in and sued David and Amanda and obtained damages for €15,000. The court ruled that because the purchasers failed to take the appropriate steps to obtain the loan, the contractual condition did not apply. And therefore the estate agent was entitled to receive his commission.

In the end, David and Amanda’s indecisiveness cost them €45,000. So, before you sign, read the following:

First, you have seven days to repent! French law provides for a period of reflection of seven days, during which you can decide to withdraw from the sale. This right to withdraw must be notified to you by registered letter and you can decide to opt out within seven days after first presentation of the letter.

If you withdraw, your check must be returned to you without any question at the latest 21 days after your withdrawal (which of course, you will also notify by registered letter avec accusé de réception. You don’t have to explain. You can just change your mind.).

After this period, your only chance to pull out lies in the conditions suspensives, in English: conditions precedent. The conditions are there to protect you, but you must show good faith to fulfil them.

You can also negotiate with the seller to obtain his acceptance to withdraw from the sale. Perhaps another buyer has offered more. But, beware ­the estate agent is entitled to obtain his commission, even if the seller has agreed to let you out of the deal!

But don’t let that discourage you. French officials love a good romance, as long as you are willing to abide by the formalities which a marriage in France requires. Be prepared, there are very few exceptions to the law. Always check with your ‘mairie’ or ‘Hotel de Ville’ as requirements may differ slightly and ask for their leaflet- most ‘mairies’ have the information you need in printed form.

Here is the short version: yes there is a residency requirement, no, you cannot get married at a British Consulate and… you need to plan at least 3 months ahead.

There is a briefcase of documents you will need to submit to get things started- these must be in French or translated into French by a certified translator and be originals or certified copies.

You need to submit proof that one of the two future spouses has been resident in the ‘commune’ in which the wedding is to take place for at least 2 months, although the residency period varies with some ‘mairies’ and can even be as much as 3 months. There is the usual requirement for passport or ‘cartes de séjour’, birth certificates and decree absolute for divorce cases or death certificate of former spouse. Unavoidable and fairly disagreeable is the prenuptial medical certificate. You may go to a doctor of your choice who will order blood tests to check for contagious diseases. Slightly more tricky are the two legal documents you need to submit: A certificate of marital status or ‘Déclaration en vue de marriage’ and a certificate of law which states how the marriage will be recognized in the home country. You can contact the Consular Section of the British Embassy and for a small fee they can help you with both documents.

There are planning considerations to watch out for: the civil ceremony always comes before the religious ceremony. There is also the small matter of the banns. This formality exists in most countries and is a standard announcement by the authorities of a coming marriage. Its purpose is to invite members of the public, if they have legal reasons, to lodge an objection to the coming ceremony. In the case of foreigners the banns are published not only in front of the ‘mairie’ but also at their Consular office. Marriage bans must be posted not less than 10 working days preceding the date of the ceremony. The thing to watch out for is that the marriage bans cannot be published until the medical certificate is submitted.

Just to lighten things up, I found an interesting legal requirement which only applies to women: a marriage ceremony may only be performed after a ‘periode de viduité’, or 300 days since the woman was last married, for the determination of paternity probably.

As to marriage between the same sexes, this absolutely banned in France although there is the compromise alternative of the PACS (’Pacte Civil de Solidarité’).

Once the civil ceremony is over you can move on to the religious ceremony.

Not feeling too discouraged? Don’t overlook the legal implications: Under normal circumstances and under what is known as the ‘régime de la communauté réduite aux acquets’, marriage in France means that the assets acquired after marriage belong to both spouses equally. Assets acquired before marriage belong individually to each party as well as donations or assets inherited even if after the marriage.

In the UK there is no such thing as a marriage ‘régime’ but the French see the UK system as being closer to the régime of ‘la séparation des biens’, where each spouse normally retains ownership of assets acquired during marriage as well as assets owned before marriage. So beware, you might need to consider a pre marriage contract if you wish to benefit from the régime de la ’separation des biens’, this is especially so where you are resident in France and one of you has a profession which carries financial risk. On the other hand there are tax advantages to the surviving spouse under the ‘régime de la communauté universelle’.

You can even have a marriage contract to state which governing law you wish to have applied to the marriage, as long as one of the spouses is a citizen of that country or is a resident of that country. There are endless possibilities to consider so take your time to think it all through.

Finally, you may wish to register your marriage at the nearest British Consulate.

With a bit of luck, you won’t need to get married in Gibraltar after all.