What is a mixed marriage?
It is a marriage between two people of different nationalities, whether or not one of the parties is Tunisian. A marriage between two foreign nationals of the same nationality is not a mixed marriage.
What are the conditions for a mixed marriage?
Each party is subject to the conditions laid down by their national law, for example with regard to the age at which they may marry. Thus, in the case of a Tunisian woman and a French man, reference is made to Tunisian law for the Tunisian woman and to French law for the French man.
Other conditions are imposed whenever the marriage is celebrated before a Tunisian authority, such as the dowry and the presence of two witnesses.
Does Tunisian law prohibit the marriage of a Muslim woman to a non-Muslim man?
Tunisian law does not lay down any religious condition for marriage. However, in the past the administration imposed restrictions, by prohibiting civil registrars from celebrating marriages between Tunisian women and non-Muslims. These restrictions were lifted entirely in 2018.
Is polygamy permitted under Tunisian law?
Tunisian law prohibits polygamy and makes it a criminal offence. A Tunisian who is already married therefore cannot enter into a second marriage, even abroad. Foreign nationals who are already married cannot marry in Tunisia.
What is the position of Tunisian law on marriage between persons of the same sex?
It is prohibited. Sexual relations between persons of the same sex, even when consensual, are a criminal offence.
Before which authority is the marriage celebrated?
That depends on the nationality of the parties. A mixed marriage in which one party is Tunisian can only be celebrated before the Tunisian authorities: either the civil registrar or notaries. A marriage between foreign nationals may be celebrated before the consular authorities of their country.
Is religious marriage accepted in Tunisia?
No religious official is authorised to celebrate a marriage in Tunisia. However, an unofficial ceremony may be held in a place of worship, without it having any legal effect whatsoever on the marriage. Religious marriages celebrated abroad may be recognised in Tunisia if they meet specific conditions.
How do you register the marriage in the civil status registers?
If the marriage is celebrated before a Tunisian authority, that authority registers (transcribes) it in the Tunisian civil status registers. If you are a foreign national, its registration in the civil status registers of your country requires you to apply for it to the authorities of your country. If the marriage is celebrated before a foreign authority, its registration in the Tunisian civil status registers requires specific formalities and, in some cases, court proceedings.