MARRIAGE

Marriage is basically a legal union between a man and a woman.

If you want to get married, you both need to be at least 18 and not have any legal issues stopping you. That said, in some special cases, a judge might allow someone younger to marry if there's a really good reason  or it’s in everyone’s best interest.

Mixed marriage
Since September 8, 2017, Tunisian women can legally marry non-Muslim foreign nationals. To make a mixed marriage official in Tunisia, it’s got to follow Tunisian law. (It’s important to be aware that future spouses may encounter some challenges in practice. In certain cases, a small number of public officials and notaries still hesitate or refuse to formalize marriage contracts between Tunisian women and non-Muslim foreigners.) Muslim men are permitted to marry non-Muslim women without any restrictions.

Key Elements of Marriage
Marriage happens when the future husband and wife agree to it, with two trustworthy witnesses around, and they settle on a dowry.
The couple can make it official in person or through a special legal rep, who’s appointed with a notarial document specifically for the marriage. Here’s an important point: Tunisian law doesn’t require a matrimonial guardian for adult women.
Both partners need to clearly and willingly say “yes” to the marriage, with no pressure or funny business involved. The notary or official in charge has to personally confirm and record this consent. If there’s any doubt about one of them really agreeing, the notary or official will need to get help from experts to make sure everything’s legit. For minors getting married, both their legal guardian and their mom have to give their permission.  If one of  them says "no" but the minor insists, the case goes to a judge to make the final decision.

When it comes to marriage, there are certain conditions that can be set as part of the deal. If those conditions aren’t met or the agreed clauses aren’t followed, the marriage can be called off through a divorce. Now, if divorce happens before the marriage is consummated, neither person gets any compensation. The dowry whether it’s money or any other legally acceptable asset, is given to the wife, and it’s totally hers. She has full ownership of it, no questions asked. The marriage agreement should spell out if the dowry’s going to be paid upfront or later. If it hasn’t been paid yet, the husband can’t insist on consummating the marriage. Once the marriage is consummated, though, the wife has every right to her dowry and can make a legal claim to get it if it hasn’t been paid. That said, not paying the dowry doesn’t count as a reason for divorce. If divorce happens before consummation, the wife gets half of the agreed dowry.                                Both partners need to provide a prenuptial medical certificate as part of the marriage process.

Proof and Documentation of Marriage
To make your marriage official, it’s got to be recognized through a notarial deed. This can only be done by either two notaries or the state registrar, and you’ll need two trustworthy witnesses there too. That notarial deed is your one and only valid proof of marriage. If you go about it any other way, it's illegal , and you could even be looking at up to three months in jail.
If your marriage is handled by two notaries, they’ve got to let the state registrar know within a month. You’ll also get a copy of your marriage certificate for your records. Your marriage gets recorded on Tunisian birth certificates, If needed, you can get a copy of your marriage record from the official registry to show proof.

Documents needed for both the Tunisian and foreign parties
• Proof from the consulate or embassy confirming that the marriage is allowed (Consular attestation).
( a certificate showing the foreign spouse isn’t already married)
• A birth certificate for each of you; for Tunisians, it’s valid for 20 days; for foreigners, there’s no expiration. Unfortunately, many officials require foreigners to provide birth certificates issued within the last 20 days.                                                        • A copy of your National ID card or any official ID, like a passport, to confirm your identity.                           + A medical certificate 

 Required Documents for the Tunisian Party
• If you’re under the legal age to marry, you’ll need a court authorization;
• Got a guardian? Their approval is needed, or just your mom’s if she’s widowed. If the guardian
or your mom says no and you’re still set on getting married, you’ll need a court order;
• If you’re a widower, make sure to grab an extract of your late spouse’s death certificate;
• Divorced? A copy of your divorce certificate or a birth certificate marked «divorced» will do the trick;
• If you’re a security guard, customs officer, National Guard agent, or firefighter, you’ll need administrative approval;
• Military personnel? You’ll need the Ministry of Defense to sign off;
• Diplomats need to provide administrative authorization.

Documents required for the foreign party:

• Evidence from the consulate or embassy confirming that the marriage for the foreign spouse is allowed.
• A certificate stating they are single and not already married.

Polygamy is strictly prohibited under Tunisian law.
Anyone who enters into a new marriage before legally dissolving their existing one faces a penalty of up to one year in prison and/or a fine. This applies regardless of whether the first or subsequent marriage was legally recognized. The other party involved in the polygamous union is subject to the same penalties.

 Joint property setup for spouses
When it comes to managing property as a married couple, you’ve got two options: joint property or separate property. You can make this decision when you get married or even after the wedding. If one or both of you are using a power of attorney to handle things, it needs to clearly state your choice about the joint property setup. Once you’ve picked a property regime, you can only change it after two years of marriage. And to make any changes official, you’ll need a notarial deed, a judge’s approval, and registration in the civil and property registers.
The joint property regime basically includes any real estate you acquire after tying the knot or after you sign the joint property agreement, as long as it’s meant for family use. However, any property inherited, gifted, or received through a will, doesn’t automatically count. That said, you and your spouse can agree to expand the scope to include other types of property if you want. Choosing the joint property regime won’t mess with inheritance rules under the Code of Personal Status or include the dowry given to the wife.
This setup ends if one of you passes away, goes missing, gets divorced, or if you both agree to end it. 

Recognition abroad of a marriage registered in Tunisia

The recognition of a marriage registered in Tunisia abroad depends on the legal regulations of the receiving country and any existing bilateral agreements.
On the other hand, if the marriage takes place outside Tunisia, it must either be officiated in the presence of Tunisian diplomatic or consular representatives, or comply with the laws of the country where the marriage is conducted.

Marriage certificates issued abroad are recognized in Tunisia, provided the marriage was conducted in compliance with the laws and regulations of the respective foreign country. Couples married abroad must request the transcription of their marriage certificate at the Tunisian consulate within three months to avoid a fine. If the marriage is officiated by Tunisian diplomats or consular authorities, Tunisian law will apply.

 

   Impediments

In Tunisia, there are two types of marriage impediments: permanent and provisional.

Permanent Impediments

Permanent impediments arise due to blood relationships, marriage bonds, breastfeeding, or a third divorce between the same couple.

1. Blood Relationships

Marriage is prohibited between close blood relatives, including a man and his ascendants (e.g., mother, grandmother), descendants (e.g., daughter, granddaughter), siblings, nieces, aunts (and great-aunts), or other direct blood relations. This prohibition exists due to the close familial connection.

2. Marriage Bonds

A man cannot marry the mother of his ex-wife or her daughters if the marriage with the ex-wife was consummated. Similarly, he cannot marry his father’s or son’s spouse, regardless of how distant the familial connection may be.

3. Breastfeeding Bonds

Individuals who were breastfed by the same woman within the first two years of life are considered siblings through breastfeeding and are barred from marrying each other.

4. Third Divorce

After a third divorce between the same couple, the man cannot remarry his ex-wife.

Provisional Impediments

Provisional impediments are temporary and often related to an ongoing marriage or the mandatory waiting period (iddah) after a divorce or widowhood.

1. Ongoing Marriage

A man cannot marry a woman who is already married or whose previous marriage has not been legally dissolved. Likewise, a man in an existing marriage must finalize a divorce before marrying someone else.

2. Viduity Period (Iddah)

The iddah period is a waiting period required for women after a divorce or the death of a spouse. During this time, a woman cannot remarry. For non-pregnant divorcees, the iddah lasts three months, while for widows, it is four months and ten days. If the woman is pregnant, the iddah extends until she gives birth. A divorced woman may only remarry her former husband during this period, provided it has not yet expired.