Paragraph 3. - Impediments to marriage
Art. 9. – A woman can only enter into a new marriage after 300 days following the dissolution of the
previous marriage.
However, the President of the Court or of the section of the Court in the jurisdiction where the
marriage has to be celebrated can, through an order upon a simple request, with the Public Prosecutor
heard when represented before the said jurisdiction, and on appeal, shorten the timeframe, when it is
sufficiently evident from the circumstances, that for three hundred days the former husband has not
cohabited with his wife.
In any event, this time limit ends once the woman gives birth.
Art.10.- In a direct lineage, marriage is prohibited between all ascendants and descendants and
relatives in the same lineage.
Art.11.- In collateral lineage, marriage is prohibited between brother and sister.
It is also prohibited between uncle and niece, aunt and nephew and between relatives considered as inlaws, if the marriage which produced the union was dissolved through divorce.
Art.12. New. (Law 83-800 of 2-08-1983) - However, it is up to the Public Prosecutor to lift, for
serious causes, the prohibitions:
- between relatives in direct lineage when the person who created the union is dead;
- enacted by article 11, paragraph 2.
CHAPTER II
OPPOSITION TO MARRIAGE
Art. 13.- When a fact, likely to constitute an impediment to marriage, is brought to the knowledge of
the civil status registrar responsible for celebrating the marriage, he must suspend it and notify, within
48 hours, the public prosecutor, who can either ask him to override, or to oppose the marriage.
The public prosecutor can also oppose the marriage when an impediment is brought directly to his
knowledge.
Art.14 - The public prosecutor notifies its opposition though administrative channels to the civil status
registrar who drafts it, and to the spouses-to-be.
After an annulment, the notice of opposition ceases to have effect. It may be renewed.
Art. 15. - Remission of the opposition may be rescinded by spouses-to-be, including minors, who
address this request to the court of first instance or to the section of court in the jurisdiction where the
marriage is to be celebrated.
The court seized shall deliberate within ten days. The Court shall deliberate within one month of the
appeal of the spouses-be-be or the public prosecutor.
Art. 16.- No other opposition can be made to a marriage when it has been acquitted of a first
opposition.
Art.17.- The civil status registrar seized of the opposition cannot proceed to the celebration of the
marriage, as long as the clearance has not been pronounced.
Once the decision which pronounces the clearance becomes final, the civil status registrar is notified
by the public prosecutor using formal administrative procedures.