The PACS (pacte civil de solidarité, or civil solidarity pact) is a contract concluded between two people, of the same or different sex, before the civil registrar (officier de l’état civil) of the municipality of their joint residence, or before a notary, to organize their life together. Unless they choose otherwise, the partners are subject to a regime of separation of property. However, if they wish, they may choose to be subject to the joint ownership regime (régime de l’indivision).
Choosing the right regime and understanding its tax and legal implications is crucial and will make your future decisions easier, particularly in the event of a breakup. I provide you with the information you need to make this choice, which depends on your personal situation.
Separation. At the time of separation, if the partners have assets, it will be necessary to liquidate their joint ownership. In the absence of an agreement, the family court judge (juge aux affaires familiales) rules on the division of property or the payment of any debts or claims between partners or in relation to the joint ownership.
In the event of a dispute between the partners at the time the PACS is dissolved, regarding the arrangements for exercising parental authority (autorité parentale) over their common children or the division of jointly owned property, it is possible to refer the matter to the family court judge to settle the dispute if amicable negotiations fail.
International. The conditions for forming a registered partnership and its effects, as well as the grounds for and effects of its dissolution, are governed by the law of the State of the authority that carried out its registration (Article 515-7-1 of the French Civil Code).
Partnerships registered abroad are often recognized in France according to the law of the State of the authority that registered them. Some are very similar to the PACS, others are closer to marriage and are sometimes only open to same-sex couples.
Registering a partnership calls for legal advice all the more when the future partners intend to move abroad, in order to ensure that it is recognized outside national borders.
The partnership agreement. You must enter into a PACS agreement (convention de PACS) prior to its registration. This is a contract that allows you to organize the various aspects of your life together, in particular financial matters.
The PACS agreement can be drafted by the partners themselves, by one or two lawyers, or by a notary. In order to be fully aware of your rights and obligations under a civil solidarity pact, legal advice is strongly recommended.
Drafting a PACS agreement requires considering its consequences for the ownership of property acquired by the partners, liability for debts, and contribution to everyday living expenses.
Gaëtan Escudey is available to help you draft a partnership agreement and anticipate any difficulty, so as to limit its impact in the event of dissolution.
This general information does not replace a consultation: each situation requires individual assessment.
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