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 is a civil partnership which gives rights and obligations to both partners.

French law does not accept same-sex marriage, however the National Assembly passed this gay-inclusive domestic-partnership law, the Pacte Civil de Solidarité, in October 1999, which affords some of the legal benefits of traditional marriage. It gives gives rights 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.

PACS and Foreign Civil Partnerships

A PACS agreement might not be recognised in other countries. Prior to May 2009 and the introduction of loi n° 2009-526 in France, a civil partnership/civil union agreement formed in another country was not recognised in France and in addition, a PACS agreement in France could not be held simultaneously with a civil partnership entered into elsewhere (it had to first be proved to have been ended/dissolved). 

Since May 2009, civil partnerships registered elsewhere in the world, including the UK, are recognised in France. However there are some restrictions - the foreign civil partnership may not contradict French law and there are still limitations on factors including succession rights and the right to adopt. 

It is strongly recommended that couples already in a foreign civil union who own or plan to buy property in France, or hold other assets, seek legal advice with regards to tax and inheritance law.

Note: The UK recognises a French PACS between a same-sex couple (but not for an opposite-sex couple), and views it as a UK civil partnership for all UK purposes since the introduction of Civil Partnerships in the UK in 2005.

Preparing for Registration of a PACS

Registration is made through a common declaration at the local magistrates' court (Tribunal d'Instance, TI) 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. 

• To find the relevant local TI: Click here and enter postcode in the search box

Documents required by both

These documents are required by both members of the couple being "pacser":

• 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 copy of the birth certificate (extrait de son acte de naissance avec filiation) issued no more than three months prior (foreigners birth certificates must have been issued no more than 6 months prior)
• 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

Other documents:

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

Note: Courts may demand that these documents be recently issued copies no more than six months old - it is strongly recommended to find out if this applies before starting the process.

Foreigners are required to provide further documents

1. A Certificat de non pacte civil de solidarité. Foreigners or people born outside of France must provide this proving that they are not already bound by a PACS agreement. The request form for this document can be downloaded and posted along with copies of personal documents, or completed online with scanned documents attached. Since 1 July 2008 French citizens no longer need to provide the certificat de non-pacte.
2. 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 country)
3. 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). 
4. An Attestation de non inscription au répertoire civil is required if the foreigner has been resident in France for over one year. This can be requested by email or in writing from: 
   • Ministère des affaires étrangères et européennes - Service central de l'état civil 
     11, rue de la Maison-Blanche
     44941 Nantes cedex 09
     Tel: 0826 08 06 04
     Fax: 02 51 77 36 99

Documents needed to request a Certificat de non pacte civil de solidarité are:

• A document showing identity and town and country of birth (birth certificate) translated into French by a certified translator
• The request form for a certificate can be downloaded from the website of the Ministère de la Justice: Click here 

If posting the request, send it to:

• Tribunal de Grande Instance de Paris
  Annexe Brabant - bureau des actes 
  4 Boulevard du Palais
  75055 PARIS CEDEX 01

If hand delivering, go to:

• Tribunal de Grande Instance de Paris
  At: 11 rue de Cambrai, 75019 Paris

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.

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 & Declarations

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.

• The department of finance publishes a comprehensive document for a PACS couple on how to complete a tax declaration: Click here (PDF in French)

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 (generally, 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 (TI) 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 on inheritance tax and compatible civil partnerships from Médiateur de la République
• Information (in French) from INFOPacs
• Tax implications: Notaires de France
• Links and documents from France qrd

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