Civil Marriage in Madagascar: Procedures, Documents, and Legal Requirements

A practical guide explaining the legal conditions, required documents, and steps to contract a civil marriage in Madagascar, as well as the rights and obligations that come with it.

Introduction

The civil marriage is the union officially recognized by the State between two individuals. In Madagascar, it grants the spouses legal status and mutual rights and duties. Unlike religious or traditional ceremonies, a civil marriage has legal value and must be celebrated before a civil registrar.

Conditions for Civil Marriage

Before getting married, the following conditions must be met according to the Malagasy Civil Code:

• Both future spouses must be of legal age (18 years old or above).
• There must be free and mutual consent.
• There should be no prohibited family relationship between the spouses.
• Neither party should already be married to another person (principle of monogamy).
• For mixed marriages (between a Malagasy and a foreigner), additional requirements apply.

Required Documents

Applicants must submit a complete file to the city hall where the ceremony will take place:

1. Birth certificate (full copy, issued within 3 months)
2. Certificate of residence
3. Certificate of single status or non-remarriage
4. National ID (CIN) or passport
5. Parental authorization for minors (exceptional)
6. Publication of marriage banns for 10 days at the city hall
7. Prenuptial medical certificate (depending on the commune)

For foreigners:

• Copy of passport
• Certificate of custom and certificate of capacity to marry issued by their embassy or consulate

Steps of the Ceremony

1. File submission at the city hall: verification of documents and setting the wedding date.
2. Publication of banns: public notice of marriage for 10 days.
3. Marriage ceremony before the civil registrar, in the presence of two adult witnesses.
4. Signing of the marriage certificate, registration, and delivery of the family record book.

Legal Effects of Marriage

A civil marriage results in several legal consequences:

• Duty of fidelity, support, and cohabitation
• Choice of marital regime (community of property or separation)
• Legal recognition of children born to the couple
• Inheritance rights and possible tax benefits

Cost and Time Frame

The cost varies depending on the municipality but is generally affordable, covering administrative and registration fees.
The waiting period depends on the publication of banns and city hall availability.

In Case of Marriage with a Foreigner

A marriage between a Malagasy citizen and a foreigner must comply with both Malagasy law and the foreigner’s national law. After the ceremony, it may be registered at the foreign spouse’s consulate to be recognized in their home country.

Conclusion

A civil marriage in Madagascar is an important step that gives legal recognition to a couple’s union. It ensures the protection of the spouses and their children, symbolizing a commitment built on respect, trust, and responsibility.