The reading of the marriage certificate in the town hall seems to be a mere formality. However, the response from the Ministry of the Interior to a senatorial question in 2013 was clear: this reading cannot be delegated to a municipal official. The civil registrar, and only he, must take care of it. This strict legal framework coexists with local practices that have significantly evolved in recent years.
Article 75 of the Civil Code and the reading of the act: what the law really requires
The legal foundation is based on two texts. Article 75 of the Civil Code specifies that certain articles must be read to the future spouses during the civil ceremony. Article 38, for its part, states that the marriage certificate must be read to the parties involved after the exchange of consents.
Related reading : The best techniques and tips for successful bass fishing
The nuance is often misunderstood. There are two distinct reading times in a ceremony: first, the articles of the Civil Code relating to the rights and obligations of spouses (before the “yes”), and then the reading of the marriage certificate itself (after). Both are the responsibility of the civil registrar.
Senator Jean-Noël Cardoux, in his written question published on May 30, 2013, raised the fact that nothing in the wording of Article 38 explicitly designated the civil registrar as the reader of the act. The ministry’s response, published on September 19, 2013, closed the debate: the reading of the marriage certificate cannot be delegated to an official.
Related reading : Home insurance and defects: is the coverage sufficient?
To understand in detail who can read the marriage certificate, it is necessary to distinguish what the law allows from what local practice sometimes tolerates.
Since Law No. 2019-222 of March 23, 2019, regarding programming and reform for justice, several articles of the Civil Code read during the ceremony have been modified, particularly concerning parental authority and mutual obligations. Many town halls only updated their ceremony templates starting from late 2019 or during 2020, after the application circulars were disseminated by the Chancellery.
Civil registrar and wedding celebrant: who does what in the town hall
The civil registrar is the mayor or a deputy mayor. A municipal councilor can also celebrate a marriage, provided they have received a specific delegation. This delegation pertains to the celebration itself, and thus to the reading of the regulatory texts and the act.
In contrast, an administrative agent, even present at the ceremony, cannot read the act. Prefectures and regional chambers of accounts have reminded in recent years that the delegation of celebration can only be given to an elected municipal official. Exceptional cases (marriage by proxy, serious impediment) remain rare and regulated by law.
In small municipalities, confusion is common. As illustrated by an exchange on a territorial forum in 2013, a town hall secretary who usually read the act during ceremonies found herself unavailable, raising the question of her replacement. The legal answer is clear: it was already an irregular practice. The fact that it is common does not make it a legal practice.
What the celebrant must read
- The articles of the Civil Code relating to the rights and duties of spouses (articles 212, 213, 214, 215, among others), read before the collection of consents
- The complete marriage certificate, read after the exchange of consents, mentioning the identities of the spouses, witnesses, declarations, and the chosen matrimonial regime
- The reminder of the mentions relating to joint parental authority, in their updated wording since the 2019 law
Personal readings during the civil ceremony: what town halls allow
The question of who can intervene during the ceremony in the town hall goes beyond the strict framework of the act. Since the end of the health crisis, the personalization of civil ceremonies has gained momentum in several major French cities.
Some town halls, such as those in Lyon or Nantes, allow, under certain conditions, personal text readings or interventions from relatives during the ceremony. These readings are in addition to the mandatory mentions read by the civil registrar, without ever substituting them. The general condition is that these additions do not excessively prolong the duration of the ceremony.
It is important to distinguish two things. The reading of the marriage certificate is a legal act that only the civil registrar can perform. Personal readings (poems, texts, testimonies) are symbolic moments, tolerated and even encouraged by some municipalities, but which have no legal value.
Religious or secular ceremony: different rules
Outside the town hall, the rules change radically. During a Catholic religious ceremony, the readings are entrusted to relatives, witnesses, or a member of the clergy according to the choice of the couple and the priest. The reading of biblical passages by a guest is a widespread tradition.
For a secular ceremony, no legal framework applies: the officiant is chosen freely, and any relative can read a text, a commitment, or even write a personalized speech. This freedom partly explains the frequent confusion between what is possible “at church” or in a private place and what is allowed in the town hall.
Marriage certificate in the town hall: the limits of local practice
The gap between law and reality remains significant. In rural municipalities, where marriages are rare, the reading of the act by the town hall secretary or a municipal agent remains an ingrained habit. The reminder from the Ministry of the Interior in 2013 did not erase these practices, due to a lack of systematic control.
Field feedback varies on this point. Some prefectures tolerate these practices as long as the civil registrar is present and collects the consents himself. Others consider that any delegation of reading constitutes an irregularity that could undermine the act in case of dispute.
For future spouses, the room for maneuver is therefore elsewhere. Proposing personal readings in addition, planning a discussion with the mayor or deputy about the desired proceedings, asking if the town hall has an updated ceremony guide: all concrete avenues to personalize the moment without encroaching on the legal framework. The act remains the exclusive matter of the civil registrar, the rest belongs to the couple and their relatives.