The Pacte Civil de Solidarité

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The Pacte Civil de Solidarité

The Pacte Civil de Solidarité (PACS) is a legal alternative to marriage in France, also recognised for same-sex Couples. It gives rights and obligations to both partners.

French law does not accept same-sex marriage, however the National Assembly passed a gay-inclusive domestic-partnership law in October 1999, which affords some of the legal benefits of traditional marriage: the Pacte Civil de Solidarité. (PACS). It gives rights and obligations to both partners particularly in regard to "mutual and material" assistance, for example in the event of unemployment or illness.

Essentially it is a contract made between two people (never more) of either sex. Both partners must be aged 18 or over and must have a common place of residence (although not necessarily live together). French nationality is not required by parties signing a pact, but a foreigner must be legally resident in France. (PACS may also be conducted at a French Consulate elsewhere is the world, but in that case one of the partners must be a French citizen).

PACS does not confer citizenship or residency on a foreign partner however it is considered to be proof of a "personal connection" to France and is therefore taken into account when applying for residency.

Note: A PACS agreement may not be recognised in other countries. And a civil partnership/civil union agreement formed in another country is not recognised in France. It is not possible to hold a PACS agreement simultaneously with a civil partnership entered into elsewhere; it would need to be proved to have been ended/dissolved. It is recommended that couples already in a foreign civil union who own or buy property in France seek legal advice with regards to tax and inheritance law.

Registration of a PACS

Registration can be made through a common declaration at the local magistrates' court (Tribunal d'Instance) in the area of residence. A PACS certificate (convention) can be drawn up with the help of a notaire, particularly if the couple wish to establish additional terms of the agreement with regards to property ownership and inheritance. From July 2008, additional documents are required by foreigners an people not born in France.   

• A PACS certificate valid for French citizens only can be downloaded from the website of the Ministère de la Justice: Click here 

Necessary documents are:

• Two copies of a convention (a PACS contract in French or translated into French). This is a document that must state that the partners have entered into an agreement governed by the Law No 99-944 of November 15 1999.
• Proof of identity
• Full birth certificate
• A sworn statement that a PACS can be legally entered into, that there is no kinship or alliance through marriage or PACS preventing the conclusion of this PACS agreement
• A sworn statement that the partners have a common residence in the area of registration

Until 30 June 2008, French citizens must provide an certificate proving that they are not already bound by a PACS agreement (certificat de non-pacte), available from the magistrates' court of their birthplace; some magisterial districts will continue to request this document.

Foreigners must also provide:

• A Certificat de coutume. This is a document issued by the foreigner's consul's office in France; it serves to prove their nationality, legal capacity, legal adult age and declare that they are legally single (neither married nor holding a partnership agreement issued in another copuntry)
• A Certificat de non inscription issued by the Tribunal de Grande Instance in Paris stating that they are not currently "pacsés" (in a PACS contract) 
• If the foreigner has been resident in France for over one year, an Attestation du service central de l'état civil issued in Nantes is required

Further information regarding these and other documents that may be required from a specific magisterial district is available from the local magistrates' court. All foreign documents and certificates should be translated into French by an official court translator.

Other documents:

• Widowhood: must provide details of the deceased partner (birth and death certificates)
• Divorcees: must present a copy of the divorce decree

How to Register a PACS

Once the documents have been verified by the local court, the declaration is registered by a court official (greffier). A copy of this declaration is sent to the Tribunal d'Instance of the place of birth of both partners. If one or both partners were born abroad a copy is sent to the Tribunal d'Instance in Paris. Both partners then receive an original copy of their PACS agreement, stamped and dated by the greffier. From the moment that the PACS is entered into the register the legal effects as provided by law come into play.

The partners also receive a document stating the name, address, place and date of birth of each partner and the date the PACS agreement was registered. This document is used to prove the existence of a PACS. Copies of this document can be obtained from the Tribunal d'Instance of the place of birth, or from the Tribunal de Grande Instance de Paris for those born abroad.

Benefits and Obligations of a PACS

The articles of this law allows the PACS partners the following:

• Inheritance, tax relief and social security benefits
• Housing rights: in the case of death of one of the partners, rental contracts are automatically transferred to the other partner
• Partners are liable for each other's debts and contracts incurred after the agreement is made (except in the event of excessive debt)
• Partners do not receive adoption, lineage, or custody rights
• The incomes of both partners are taken into account when applying for family allowances, housing allowances, RMI and disability allowances

In the workplace, partners benefit from:

• Two days off work in case of the death of a partner
• The employer must take into account the holiday dates of the other partner
• If both partners work for the same company the employer must allow the same holiday dates
• Civil servants benefit from preferential treatments regarding job transfers
• Partners get preferential treatment regarding the payment of a capital décès, (sum paid by the government or the employer to cover immediate costs relating to the death and to compensate the loss of the deceased's partner's income)

Changing a PACS contract

It is possible to modify a PACS contract either:

• in person at the local Tribunal d'Instance
• by registered post

Both partners must agree on any changes, which are registered on the original contract by a court official.

Ending a PACS

Cessation of the PACS agreement is made:

• by the court at the common statement of the partners
• by the death or the marriage of one of the partners
• at the request of one of the partners at the Tribunal d'Instance

Tax Benefits

Partners can benefit from a joint tax declaration on their annual disposable income, and have similar obligations to married couples. For example if the declaration is filed late or not paid by the due date, both partners can be pursued in the same way as a married couple and the penalty of 10 percent is likely to be imposed. 

The couple may also be liable to pay Wealth Tax (Impôt sur la Fortune), which is calculated by reference to the couple's joint worldwide assets.

Inheritance Laws

If one of the partners dies, the remaining partner has no inheritance rights unless an agreement (régime de l'indivision) has been drawn up. The deceased partner can leave all of their estate to the surviving partner if there are no descendants or ascendants. The remaining partner can benefit from tax exemptions and allowances.
Note: It is recommended to get legal advice or consult a notaire.

Property

In the case of rented property, the surviving partner is automatically awarded the lease allowing them to continue living there. Where property has been owned by the deceased partner, the surviving partner may continue to live there for one year, regardless of the succession rules.

Children

Since the 1 January 2005 parents can choose which name the child will bear, whether they have a PACS, are married or living together. When registering the birth, parents can choose if the child will have the name of the father, mother or both. The choice of the family name has to be made by a joint declaration when registering the birth. The name will be the same for any children that the couple may have afterwards. In the absence of a joint declaration, the child will bear the father's name.

At this time adoption and artificial insemination are only available to heterosexual couples.

Further Information

• To find a local Tribunal d'Instance of the Ministère de la Justice, follow instructions: Click here (in French)
• Comprehensive information from the French government website, Service-Public: Click here (in French)
• Information (in French) from INFOPacs
• Information on the rights of tenants in a PACS agreement renting accommodation: Click here (in French)
• Tax implications: Notaires de France
• The International Lesbian and Gay Association
• Links and documents from France qrd