Which type of union is best suited to your situation and your plans?
The variety of forms of marital union means that couples can choose between three types of union: marriage, civil partnership (PACS), and cohabitation.
The legal regime applicable to the chosen form of union will determine the personal, material, and financial obligations during the union and upon its dissolution.
There are significant differences between these three regimes, particularly with regard to the legal consequences of separation.
Effects. Like marriage, civil partnerships subject partners to mutual financial obligations and obligations towards third parties.
However, unlike marriage, a civil partnership does not entitle the surviving partner to any compensatory allowance in the event of dissolution, nor does it entitle the surviving partner to inherit from the other in the event of death.
Unlike spouses and partners, cohabitants are not bound by financial solidarity towards third parties or any reciprocal obligations.
Breakup. Cohabitation can be ended completely freely.
The dissolution of a civil partnership is straightforward and can be requested jointly by the partners or unilaterally by one partner. In the event of disagreement over the consequences of the breakup, cohabitants and partners can refer the matter to the family court.
For spouses, the dissolution of marriage is much more complex as it involves divorce, which requires the involvement of a lawyer for each spouse.
Gaëtan ESCUDEY is available to help you choose the form of union that best suits your expectations by explaining its legal consequences.