Civil Union (Solidarity civil pact - PACS)
Civil Union (civil solidarity pact) is a contract which gives unmarried couples the chance of organizing their life together, through some social and fiscal advantages.
How to carry out a civil union ?
The Civil Union was created by the law dated November 15, 1999 and has been modified several times since.
The Civil Union can be concluded through a private act or by notarial act.
Since November 1, 2017, the civil union registration can be carried out at the town hall (and no longer at the district court). The 21st century justice modernization bill of November 18, 2016 transferred the powers to the registrar hitherto, devolved to the clerk for civil unions, rounded off by private acts. Of course, the possibility of signing one’s Civil Union with the notary is maintained.
The mention of the Civil Union, but also its termination, is annotated in the margin of the birth certificate of each partner along with the identity of the other partner.
The Civil Union takes effect between the parties right after its registration; it is enforceable against third parties from the day on which the advertising formalities have been completed.
Civil Union: advantages and disadvantages
The consequences of Civil Union with the partner:
The obligation of cohabitation between the partners is consecrated in the Civil Code and they have a duty of material assistance and a duty of mutual assistance. Solidarity between partners does not apply to manifestly excessive debts.
The effects of the Civil Union on property?
In terms of heritage, the separation of assets becomes the rule and joint ownership the exception. In the event of a death, the surviving partner can stay for one year free of charge in the accommodation that used to be the couple's main residence at once time (even if the deceased was the sole owner).
In the presence of a common child or from a previous union, the civil union partner who does not have the status of the heir , will have the rights he thought he had, reduced, or even annihilated. It should be noted, without a will the civil union partner can never inherit.
The amounts resulting from a life insurance contract, paid to a surviving civil partnership partner upon the death of his companion, are exempt from the inheritance tax ... even in the absence of any will.