Civil Partnership (Pacs)

01.18.2017

The Act of 15 November 1999, amended several times since, provides unmarried couples the opportunity to organize their life together, with some social and tax advantages to boot.­

  • How do we establish a "Pacs" ?

    • A Civil Partnership or ­PACS may be established by a private or notarial instrument.

    • It is registered at the district court of the partners’ joint place of residence. All the formalities as regards establishing the PACS are centralised on a single register held at the registry of the court that recorded the initial instrument.

    • The fact of a PACS being established, or cancelled, is noted in the margin of each partner’s birth certificate together with the name of the other partner.

    • The PACS takes effect between the partners from when it is registered. It is binding on third parties from the day on which the publication formalities are completed.

    • New: From 1 November 2017, registration of the PACS will take place in the town hall (and no longer in the court of first instance). The bill to modernize the justice of the XXI century has provided for the transfer to the registrar powers vested in the Registrar for PACS by private deed. Of course, the possibility of signing its Pacs his french notaire is maintained.

  • What are the effects for the partner ?

    • The French Civil Code provides for the partners’ obligation to live together. They also have a duty to provide material support and mutual assistance.

    • Solidarity between partners does not apply to debts that are clearly excessives.

  • What are the effects for properties ?

    • In terms of prope­rty, separation of property becomes the rule and undivided shares, the exception.

    • In case of death, the surviving partner may remain free one year in housing which was the main residence of the couple (even if the deceased was the sole owner).

    • Remember, without Wills , the partner will never inherit the PACS.

  • Life insurance: the PACS couples should he make a will?

    • The amount of money from a life insurance contract paid to a surviving PACS partner, upon the death of his companion, are exempt from inheritance tax ... even in the absence of a will.

See also
05.09.2016
Notaire's fees
29.11.2016
The letter of the notaries of France in the world / November 2016
25.01.2017
French property market report / N°34