French Court Allows New Bid for Posthumous Marriage, Legal Battle Continues

The court annulled the refusal of the Head of State to authorize the posthumous marriage, thus allowing Henriette to file a new application, reports Var-matin. But this small victory is ephemeral, as the public prosecutor’s office has appealed on the grounds that the court’s decision is non-compliant. Morocco, the country of origin of the deceased husband of this resident of Saint-Laurent-du-Var, does not recognize posthumous marriage. "The rules of international law differ, admits Camille Charles, Henriette’s lawyer. The laws of the two countries contradict each other and the case law is not very clear."

Mustapha lived his whole life in France and shared 36 years of life with his partner. The couple has two children. "We have enough elements to attach him here," she believes. In Henriette’s eyes, the public prosecutor’s decision is an "injustice", since posthumous marriage is allowed in France. She says she does not understand this decision, which is nevertheless far from discouraging her. "It didn’t discourage me, I’ll go all the way," she pledges. The Aix-en-Provence Court of Appeal will have to rule on the case. "We don’t have a hearing date yet," her lawyer notes.