I have entered into a PACS. What are my rights and obligations?
A PACS is a contract between two people, of the same or different sexes, before a civil registrar at their local town hall or before a notary, to organize their life together. Unless otherwise specified, the partners are subject to a regime of separate property. However, if they wish, they may choose to be subject to a regime of joint ownership.
Choosing the right regime and understanding its tax and legal implications is crucial and will make it easier for you to make decisions in the future, particularly in the event of a breakup. We will provide you with the information you need to make an informed choice, which will depend on your personal situation.
Separation. At the time of separation, if the partners have joint property, it will be necessary to liquidate their joint ownership. In the absence of an agreement, the family court judge will rule 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 of the dissolution of the PACS, regarding the terms and conditions for exercising parental authority over their children or the division of joint 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 causes and effects of its dissolution, are governed by the law of the state of the authority that registered it (Article 515-7-1 of the 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 PACS, others are closer to marriage and are sometimes only open to same-sex couples.
The registration of a registered partnership requires even more legal advice when the future partners intend to move abroad, in order to ensure its recognition outside national borders.
The partnership agreement. You must enter into a PACS agreement prior to registration. This is a contract that allows you to organize the various aspects of your life together, particularly 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 consideration of the consequences it will have on the ownership of property acquired by the partners, liability for debt, and contribution to living expenses.
Gaëtan ESCUDEY is available to help you draft a partnership agreement, anticipate any potential difficulties, and minimize their impact in the event of dissolution.