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Legal rights and duties of a French PACS
Entering a PACS
Impacts of a civil partnership agreement
Amendment to a PACS
PacisLexis Family Law
Civil partnership agrement lawyer
What is a PACS in France?
PACS stands for civil partnership between two people who do not wish to get married but look for a legal recognition. PACS is available to both same-sex or opposite-sex couples.
In France you can go to your town hall to register a PACS but also to bring it to an end whenever you want. In England to end a civil partnership, you have to wait until it has lasted for at least a year.
Pacsed people in France are called ‘partners’. Please note that when you’re married your spouse is also called a partner (well, that’s the right English translation). In France, pacsed people are ‘partenaires’, married people are ‘conjoint’ and cohabiting couples are ‘concubins’ also partners in English!
A PACS agreement is a contract. This contract is used to make financial and joint life arrangements.
In France, to register a PACS or civil partnership you must sign a civil partnership agreement or you cannot enter a PACS.
This agreement can be drafted by both parties, by one or several lawyers or by a French Notaire.
A PACS cannot be registered in the UK as in the USA. PACS partners will be treated as singles in the USA. However, a UK civil partnership can be recognised in France.
To register a PACS in France, we strongly advise you to contact us. You will thus avoid issues further down the line especially with a separation.
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Legal rights and duties of a French PACS
What is the marital regime when entering a PACS?
Depending on the agreement, the French legal marital regime by default is ‘la separation de bien’.
What is the ‘séparation de bien’ regime in France as separation of property in English?
“Séparation de biens” is a legal term in France that refers to a marital property regime where partners maintain separate ownership of their assets and liabilities.
In this arrangement, each partner owns and manages their own property independently, and there is typically no community property.
Thus, each partner is also legally responsible for their own debts. With a PACS joint debts must be paid off jointly.
What is ‘indivision’ or joint ownership in France?
L’indivision or joint ownership in English for PACSed partners in France means that all assets acquire during the PACS are joint ownership. Partners will be joint legal owners and are each entitled to possession of the whole property and the right to occupy it in equal shares.
This rule applies whether the property was purchased by one partner alone, by both partners with equal contributions or by both partners with unequal contributions (one having spent more than the other).
However, some assets cannot be considered as joint such as:
- Assets acquire before the PACS (inheritance, lifetime-gifts, purchase)
- Personal belongings (clothes)
- Incomes
- Lifetime gifts and inheritance during the PACS
What happens if partners haven’t made financial arrangements within the agreement?
Financial support is proportional to each individual’s financial capabilities. In other words, if a partner has more income than the other, they will contribute more than the one with less income.
civil partnership agreement lawyers
Entering a PACS
Who can enter?
You have to be 18 or over to enter a PACS.
PACS is available to both same-sex or opposite-sex couples. Partners must share a joint life and must choose their family home when registering the PACS.
To enter a PACS neither of you is already either a civil partner or married.
Posthumous PACS are forbidden.
Entering a civil partnership in France for British Nationals?
You might need some documents from the UK government such as a certificate of no impediment.
You also should contact the British Embassy in France if you want to marry or register a civil partnership abroad to get a certificate of no impediment.
For British citizens marrying a foreign national, please note that a certificate of no impediment is only issued for what it is worth.
British Embassy Paris: 35 Rue du Faubourg St Honore, Paris cedex 08. You can also follow this link: https://www.contact-embassy.service.gov.uk/?country=France&post=British%20Embassy%20Paris%20
To get the paperwork in the UK, please follow this link: https://www.gov.uk/marriage-abroad
Can an emancipated minor enter a PACS?
No!
You have to be 18 or over.
Can an individual with a guardianship order enter a PACS?
Yes!
You can enter a PACS with the help of your guardian who will assist you.
What a PACS agreement cannot include?
Partners cannot include clauses overriding the mandatory rules established by law.
For example:
- Avoiding a joint life (article 515-4 of the Civil Code),
- Expenses are joint (article 515-4 of the Civil Code),
- Unilaterally to terminating the PACS.
What are the steps to get pacsed?
- PACS agreement draft
- PACS registration with a Notaire or a civil registration officer
- The Notaire determines whether the eligibility criteria have been met.
- French birth certificates contain a margin to update such information and notice that an individual entered a PACS is entered (same when getting married).
Can you register a PACS in a town hall?
Yes!
A PACS drafted by both partners or a lawyer can be registered by a civil registration clerck.
Partners will need to give notice of your intention to register a civil partnership to the local register office (town hall in France). You must do it in person.
Can a PACS application get refused?
Yes!
If the rules aren’t met your application can get refused.
You can contest it.
If your application is refused due to the agreement, partners can petition their local court.
When the application is refused to some missing paperwork whereas the application is complete, partners can petition the minister of justice. If the petition is unsuccessful, they can petition the human rights defenders.
What is the process of a PACS registration with a Notaire?
When a PACS agreement is drafted by a Notaire, the Notaire will then record it in the form of minutes.
The Notaire will keep the agreement and give both partners a registration certificate and a copy of the agreement.
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Entering a PACS:… Next
Other paperwork to provide to register a PACS
You will be asked to provide:
- Proof of identity
- Full birth certificate
Partners don’t need to provide a proof that you are not close blood relatives as a proof of address. This paperwork is provided within the agreement.
Do you have to petition the court to register a PACS?
No!
Since 1st November 2017, you don’t have to petition your local court to register a PACS.
Is a lawyer compulsory to get pacsed?
No!
However, a family lawyer such as PacisLexis Famiily Law is strongly advisable to protect you interests.
What is the content of a PACS agreement?
The agreement can include:
- The property regime
- Expenses T&Cs
- PACS amendment T&Cs
- T&Cs related to the joint home
- How assets will be transferred to the surviving partner on the death of a partner
- How assets are managed as the T&Cs
- T&Cs regarding assets acquire during the PACS
- T&Cs regarding debts
- T&Cs related to the PACS itself such as ending the PACS, share of assets, etc)
- The court in case of dispute
- A mediation or conciliation clause, collaborative law, or arbitration.
Special rules for foreign people
If one of you is subject to immigration control, you will have to be 18 or over in your country before entering a PACS.
Special rules to enter a PACS abroad with at least a French partner
Partners seeking to register a PACS abroad can do it in the French embassy or consulate in their country of residence.
Special rules for both foreign partners wishing to enter a PACS
You can enter a PACS if you have a family home in France.
What is the cost of a PACS registration?
If the agreement is drafted by the partners and recorded at their town-hall, then it’s free.
In case of an agreement drafted by lawyers, fees apply (hourly or flat-rate).
Can you have a civil ceremony when entering a PACS?
Yes!
It’s not compulsory but some can decide to have a civil ceremony. Civil ceremonies cannot include anything that’s religious.
If you want a civil ceremony our family law firm can advise you on wedding planners.
civil partnership agreement lawyers
Impacts of a civil partnership agreement
When PACS enters into effect for partners and third parties?
A PACS enters into effect once the agreement and application have been recorded.
A PACS also enters into effect as soon as it’s mentioned on your birth certificate.
Your birth certificate will also keep a record if you bring the partnership to an end.
Is a PACS legally enforceable?
No!
To be legally enforceable, a family judge must serve an order.
2 options: the judge serves or not the order. He cannot amend it.
A judge can also refuse to serve an order when it’s not both parties best interests.
Capital gains tax for civil partners
Partners must file a joint tax return the first year when the PACS enters into effect.
However partners can also opt for filing a sole tax return. For tax calculation, both incomes will be joint and divided into 2 units.
Both partners will also have to pay jointly the council tax as wealth tax if applicable. In France, there is no council tax as such.
In France it’s called, the ‘taxe d’habitation’ (removed by the French Government now) and it was a local residence tax based on a property’s rental value and was paid by an individual or people renting or owning a property or flat. However, lower incomes households are exempt.
In the UK, with a civil partnership, you are taxed separately.
When partners can bring the PACS to an end?
Anytime!
A PACS is a contract with unlimited timeframe and partners can bring it to an end.
In the UK, you must wait a year before bringing your civil partnership to an end.
Does a PACS agreement prevent partners to break up?
No!
A PACS agreement is a contract where partners organise their financial life only. it’s not like marriage. Therefore, partners are free to bring the relationship to and end.
Effects on the PACS with a break-up
If the PACS states that the agreement is dissolved upon partners’ separation, the agreement or contract will indeed be brought into an end.
If the PACS doesn’t include such a clause, partners can decide to continue applying its T&Cs.
Domestic parnerships US
The U.S. federal government doesn’t recognize domestic partnerships, but some states do.
However, some states have established their own legal frameworks for civil partnerships or civil unions, providing legal recognition and benefits similar to those of marriage.
Each state has its own laws regarding civil partnerships, and the legal rights and obligations associated with them can vary significantly depending on the jurisdiction. Some states offer comprehensive legal protections for couples in civil partnerships, while others may have more limited rights or recognition.
civil partnership agreement lawyers
Amendment to a PACS
Can a PACS be amended?
Yes!
A PACS is a contract so you can amend it.
Both partners must agree on amending it.
The amendment can be done at any time, without limitation.
Can a PACS made by a court be amended?
Yes!
Both partners must file an application to the court for the PACS to be amended.
Who can draft the new agreement?
The new agreement can be drafted by:
- Both partners themselves. In that case the agreement is a deed.
- In that case the agreement is a deed undersigned by lawyers.
- The Notaire. In that case the agreement is a notary deed.
Must this new agreement be recorded?
Yes!
The Notaire or the civil registration clerk (registrar) must record the new agreement.
It has to be recorded where the agreement has been recorded in the first place.
When the amended agreement enters into effect?
The amended agreement enters into effect once recorded.
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Amendment to a PACS:… Next
What to do if a partner does not stick to the agreement?
If your partner doesn’t stick to the agreement, you can:
- Apply for a dissolution
- Enforce the agreement
- Get damages
Consequences of ending a PACS
For more information about the consequences of ending a PACS, follow the link below.
Civil partnership dissolution
The partner who wishes to end the PACS must file a sole application. At the same time, the partner who wishes to end a PACS, must communicate their intention to the other.
The partner must then send a copy of this notification to the authority that registered the PACS (civil registrar, notary, consular agent, or diplomatic agent).
To learn more about civil partnership dissolution, follow this link:
To help you
and to care
PacisLexis Family Law
You want to learn more about French civil partnership agreement?
Coming to PacisLexis Family Law to draft a PACS agreement ensures that your interests are protected and that the legal consequences of entering into the partnership are clear and understood by both parties.
Also, ending a PACS through PacisLexis Family Law ensures that the process is legally sound, protecting your interests and clarifying the consequences of terminating the partnership for both parties involved.
PacisLexis Family Law
Prenuptial & postnuptial agreements
Calculating child maintenance payments
Child maintenance calculations can vary between countries, and both France and the UK have their own systems for determining child maintenance payments.
United Kingdom (UK):
In the UK, child maintenance payments are typically determined by the Child Maintenance Service (CMS), which is a government agency. The CMS uses a formula to calculate the amount of child maintenance that the non-residential parent (the parent who doesn’t have the main day-to-day care of the child) should pay. The formula considers factors such as the non-residential parent’s gross income, the number of children involved, and the number of nights the children spend with the non-residential parent.
Spousal maintenance
Only spouses so married couples may be entitled to a maintenance claim or to pay for spousal maintenance and your lawyer’s firm can help you calculate the award.
Spousal maintenance definition:
Spousal maintenance is a payment paid by a spouse to the other spouse if a spouse doesn’t have enough income after you’re separated from the other.
When a spouse has much higher income than the other, there may need to be a period of ongoing financial support in order not to affect the well-being of the other.
The paying spouse is the debtor and the one receiving the allowance is the recipient.
Marriage lawyer
In today’s globalized world, the boundaries of love and partnership extend far beyond national borders, leading to a growing phenomenon of international marriage. For French citizens, the prospect of marrying someone from another country brings both excitement and challenges, as they embark on a journey that transcends cultural, legal, and logistical boundaries.