During World War I, to ensure the legitimacy of the children whose fathers had died at the war front, many women married their dead lovers through a proxy (since the dead couldn’t be present, they were represented by another person).
The French government made this practice legal in 1959, when a dam broke in 1959, killing 400+ people.
One among the dead was a person named André Capra, whose pregnant fiancée Irene Jodar, requested the then-President to allow her to marry the deceased.
She quickly gained the support of the media and a law was passed allowing the President to personally authorize ‘posthumous marriages’.
After receiving the request, the President forwards it to the Justice Minister, who then sends it to one of the public officials responsible for legal matters in the surviving member’s district.
But this marriage is allowed only under certain circumstances and the one requesting this marriage has to provide evidence that the deceased wanted to marry their partner when they were alive.
Some of the evidence that is considered valid include official wedding announcements, the birth of a child, pregnancy, sending of wedding invitations, purchase of wedding dresses, etc.
However, any single piece of evidence may not suffice and possibly that is why around 10 applications, out of about 50 that are received each year, get rejected.
Regardless of when the marriage is performed, it is backdated to a day when the deceased was still alive.
A simple ceremony is held with the picture of the deceased, and the phrase “till death do us part” is removed from the vows, while “I do” is replaced with saying “I did.”
The most prominent reason for posthumous marriage, other than legitimizing the children, has been stated to be emotion-based and not motivated by financial gains.
This is because the law does not permit the living spouse to receive any of the deceased spouse’s property or money.
However, the living may benefit from widow(er) pension, and may also receive life insurance benefits.
The posthumous marriage system is prevalent in many countries, but in France, this practice holds a legal status.
