Civil Partnership (Pacs)
French civil partnership (PACS) is a contract, which provides unmarried couples the opportunity to organize their life together, with some social and tax advantages to boot.
How do we establish a French civil partnership (pacs)?
French Pacs was created by Act of 15 November 1999, amended several times since.
A Civil Partnership or PACS may be established by a private or notarial instrument.
Since 1 November 2017, registration of the PACS takes 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.
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.
French civil partnership (pacs): benefits and drawbacks
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.
In the presence of a common child or from a previous union, the PACS partner not having the quality of heir , will see the rights that he thought to hold by will, reduced or even annihilated. Remember, without a will the Pacs partner never inherits.
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.