PacisLexis Family Law
Common-Law marriage and French Law: recognition, rights, and legal options for couples moving to France
Contact us
Please note that we cannot offer Legal aid
Understanding Common-Law marriage vs French concubinage (cohabitation)
Moving to France as Common-Law partners: rights, limitations, and legal conflicts
Common-Law marriage vs French Law in case of separation or death
Solutions, legal strategies, and how Pacislexis Family Law helps couples
PacisLexis Family Law
Common Law marriage lawyer
When couples from English-speaking countries move to France, a common question arises:
“Will my common-law marriage be recognised under French law?”
In many common-law jurisdictions (United States, Canada, Australia, the UK historically), couples acquire legal rights simply by living together as a couple without any formal ceremony. These rights can include inheritance, spousal maintenance, property sharing, and recognition as a spouse for immigration or benefits.
But here’s the issue:
France does not legally recognise “common-law marriage” as it exists in common law countries.
Instead, France has its own concept: concubinage, and it does NOT provide the same rights.
This creates confusion for thousands of expatriates, binational couples, and families moving to France each year. Many believe they are “married” in the eyes of French law when they are not. Others assume their long-term partnership will automatically grant rights — only to discover significant gaps related to inheritance, taxes, immigration, property, and separation.
This article clarifies misunderstandings, outlines the differences between systems, and explains how Pacislexis Family Law can protect your rights as a binational or relocating couple.
common law marriage lawyer
Understanding Common Law marriage vs french cohabitation “concubinage”
What is a common-law marriage?
Common-law marriage exists in several common-law jurisdictions. While definitions differ, typical features include:
- A couple lives together for a significant time
Duration varies (e.g., 1–3 years in Canada, no fixed duration in some U.S. states).
- They present themselves publicly as a couple
Often referred to as “holding out” as married.
- They intend to be in a committed, marriage-like partnership
Even without a ceremony or registration.
- They acquire some or all of the rights of married couples
Depending on the jurisdiction, these may include:
- Property division rights
- Inheritance rights
- Pension or benefits rights
- Spousal maintenance
- Recognition in courts
- Tax standing
Countries where common-law marriage or equivalents exist:
- United States: Recognised in a handful of states (Colorado, Iowa, Texas, etc.)
- Canada: Common-law spouses recognized federally after 12 months of cohabitation
- Australia: De facto partners have marriage-like rights after 2 years or a child
- UK: Historically used the term “common-law wife/husband” but NO legal common-law marriage exists today, though cohabiting couples have specific protections
What is the French equivalent?
France does NOT have common-law marriage. Instead, it has:
– Concubinage (union libre) as cohabitation
Defined as:
“A de facto union between two people living together in a stable, continuous relationship.”
Rights under concubinage are VERY limited.
Concubins do NOT get:
– inheritance rights
– spousal support
– community property regime
– automatic recognition for immigration
– tax benefits of married couples
Concubinage only provides:
- Evidence of cohabitation (attestation de concubinage)
- Social security affiliation rights in some cases
- Potential tenancy rights
- Parental rights for children
In short:
Concubinage is NOT equivalent to common-law marriage.
It carries very few legal consequences.
Why do common-law couples misunderstand French law?
Because in common-law countries, time and cohabitation create rights.
In France:
Only marriage or PACS creates legal spousal rights.
A Canadian couple “married by common law” for 10 years has full spousal rights in Canada — but zero marital rights in France.
An American couple in a Texas common-law marriage would be considered married in Texas — but in France, they are simply “concubins” as cohabiting partners unless their union is formally registered.
Are common-law marriages from abroad recognised in France?
This is one of the most important questions.
France may recognise a foreign common-law marriage IF the country of origin considers it an actual marriage.
Examples:
– A Texas common-law marriage is legally equivalent to marriage under Texas law.
→ France can recognise it as a foreign marriage because it exists legally in the original country.
– A Canadian common-law union is NOT considered a marriage in Canada — it’s a different status, regardless of rights.
→ France will NOT recognise it as a marriage.
The key distinction is:
Is it a “marriage” in the country of origin?
If yes → France recognises it.
If no → France does not.
If you’re unsure whether France will recognise your union, Pacislexis Family Law can assess your exact situation and verify legal validity.
common law marriage lawyer
Moving to France as Common Law partners: rights, limitations and legal conflicts
Do common-law partners have legal rights when moving to France?
Very few — unless your common-law union equals a foreign marriage.
If your common-law marriage is considered an actual marriage abroad (rare)
France may recognise it.
You may access:
- French immigration rights
- Tax recognition
- Spousal rights
If your common-law partnership is NOT a marriage abroad
This is most cases (Canada, UK, Australia):
→ France treats you as unmarried partners.
Meaning:
– No immigration sponsorship
– No inheritance rights
– No spousal protections
– No automatic visa rights
Common-law couples and French immigration: What happens?
Many couples face this urgent question:
“Can I sponsor my common-law partner to move to France?”
If France recognises your foreign common-law marriage
You may submit the marriage certificate to French authorities.
– If France does NOT recognise it
Your partner must:
- Apply for their OWN visa
- Provide independent income
- Or apply through family reunification only if you share a child
France does not provide a “common-law partner visa.”
What about residency rights?
If not recognised as spouses:
→ Each partner must individually qualify for residency.
This leads to situations where:
- One partner obtains a long-stay visa
- The other cannot
- Couples are forced to live separately
- Partners overstay their visas and risk expulsion
This is a common and heartbreaking situation among expat couples in France.
Common-law marriage and taxes in France
France treats common-law partners the same as:
- Roommates
- Unmarried individuals
There is:
– No joint taxation
– No shared allowances
– No family quotient benefits unless children exist
– No gift or inheritance tax exemptions
Couples must file separate tax returns.
Common-law couples and health insurance in France
France allows a concubin (cohabiting partner) to be added as a dependant only under specific conditions, usually requiring proof of financial dependence.
But coverage is NOT automatic, unlike for legally married spouses.
Housing and tenancy rights
Concubins, so cohabiting partners do not automatically share tenancy rights.
This is risky:
- If one partner dies, the other may lose the property lease
- Co-owned property does NOT automatically pass to the surviving partner
- A partner may be removed from a shared home by family relatives
These are extremely common disputes in binational couples.
Pacislexis Family Law can analyse your situation and help secure your rights through marriage, PACS, wills, property agreements, or immigration planning.
common law marriage lawyer
Common-Law marriage vs French Law in case of separation or death
What rights do common-law partners have upon separation in France?
– No property division rules
Each keeps what is in their name.
– No spousal maintenance (pension alimentaire)
Only married couples or PACSed partners can claim this.
– No compensation for financial sacrifices
For example:
- Quitting a job
- Following a partner abroad
- Taking care of children
are NOT compensable unless a specific agreement exists.
Children still have rights
Each parent must contribute to child maintenance proportionally.
Does a foreign common-law marriage protect against this?
It depends.
If the foreign jurisdiction treats common-law marriage as identical to marriage,
France may recognise the foreign marriage.
Examples:
- Texas
- Iowa
- Colorado
Then the surviving spouse may have:
- Inheritance rights
- Tax exemptions
- Pension entitlement
– But if the foreign union is NOT a marriage
(e.g., Canadian common-law, Australian de facto)
→ France treats you as “concubins”.
No inheritance, no protection.
Need to protect your partner in France?
Pacislexis Family Law assists with PACS, marriage, wills, property arrangements, and international recognition of unions.
common law marriage lawyer
Solutions, legal strategies and how PacisLexis Family Law helps couples
What are the legal solutions for common-law couples in France?
- Marriage (Mariage civil)
Provides:
- Immediate full spousal rights
- Immigration rights
- Tax benefits
- Inheritance without 60% tax
- Spousal maintenance rights
- Strongest international recognition
Marriage is the gold standard of protection.
PACS (civil partnership)
Less protective than marriage, but far more protective than concubinage.
PACS provides:
- Joint taxation after 1 year but up to 5 years
- Simplified residence rights (in some cases)
- Simple dissolution procedure
- Some financial responsibilities
- Some property planning arrangements
But PACS does NOT provide:
- Automatic inheritance
- Full immigration rights
- Spousal support
- Protection equivalent to marriage
To learn more about cohabiting couples in France you can read the following article :
Wills and estate planning
Essential for unmarried couples.
A will can:
- Secure property
- Protect bank assets
- Provide financial security
But remember:
60% inheritance tax still applies unless you marry.
Cohabitation agreements (Contrat de concubinage)
Allows couples to:
- Define property ownership
- Protect financial contributions
- Clarify rights in case of separation
This is strongly recommended for unmarried binational couples.
To learn more about cohabitation agreement, you can read the following article:
How Pacislexis Family Law helps?
At Pacislexis Family Law, we assist binational and expat couples with:
- Recognition of foreign marriages
- Cross-border family law issues
- PACS creation
- Marriage planning and documentation
- Cohabitation agreements
- Wills and estate planning
- Property protection
- Separation guidance
- Child custody and relocation questions
- Immigration and residency documentation
We provide a precise, global understanding of common-law systems vs French civil law, ensuring your partnership is fully protected.
To help you
and to care
PacisLexis Family Law
Pacislexis Family Law: Protect your relationship, your partner, and your rights in France
Common-law marriage can give strong rights in countries like Canada, the U.S., and Australia — but those rights do not automatically follow you to France. Many couples discover too late that they have no inheritance rights, no immigration protections, and no financial security.
Whether you are:
- A common-law couple relocating to France
- A binational couple unsure of your rights
- A long-term couple needing protection
- Parents seeking legal security
- Partners worried about recognition of your relationship
Pacislexis Family Law is here to guide you.
We help you:
- Understand what France recognises
- Protect your partner legally and financially
- Choose the right legal structure (PACS, marriage, wills)
- Navigate French and international family law
- Avoid the legal traps that catch most expatriates
If you want clarity, protection, and peace of mind, contact Pacislexis Family Law today.
We are here to secure your future — together.
PacisLexis Family Law
Our separation & divorce articles
Premarital agreement
Marriage is more than a romantic commitment; it’s also a legal and financial partnership. For international couples, expats, or anyone with property and ties across borders, marriage brings complex legal consequences that differ dramatically between countries. That’s where an international prenuptial agreement (also called an “international prenup” or “marriage contract”) comes in.
Blockchain and Smart Contracts in Prenuptial Agreements
Blockchain technology and smart contracts are reshaping the landscape of marital agreements, offering a modern approach to prenuptial planning.
Through automated execution, enhanced transparency, and immutable records, these digital tools provide couples with a reliable and efficient method for defining financial arrangements.
Enforcement of financial orders
Divorce often implies the division of assets and the establishment of financial obligations. These financial arrangements can include spousal support, child maintenance, or the distribution of shared property. The enforcement of such financial orders can vary significantly between different legal systems, influenced by local laws, court practices, and cultural norms.