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ProceduresFamilySigning a PACS in France

Signing a PACS in France

Comité de la Démarche AccessibleProposed by Comité de la Démarche Accessible Updated on il y a un mois

The PACS (civil solidarity pact) is a contract between two adults to organize their life together.

The PACS:

  • requires less commitment than marriage
  • is easier to stop than marriage.
  • gives more rights than cohabitation (simply living together without a contract).

When two people sign a PACS agreement, they form a household.

The signing of the PACS is free and is organised at the town hall (or in an embassy, or in a consulate, or at a notary's office; this file presents the procedure at the town hall).

Advantages of the PACS

  • Taxes: a single tax return including the income of both individuals
  • Social security (health insurance) and supplementary health insurance: possibility for both people to be on the same contract (one of the partners can provide their social security coverage and supplementary health insurance).
  • Administrative procedures: same status for both people (civil partnership), same address, simple calculation of household income (for social assistance for example).

Conditions for signing a PACS agreement

To sign a PACS agreement, you need to:

  • to have a shared residence (living together in the same place)
  • be of legal age in the country of origin and not already be married or in a civil partnership
  • Not having a direct family relationship (examples: parent/child, grandparent/grandchild, brother/sister, half-brother/half-sister, uncle or aunt/niece or nephew, mother-in-law or father-in-law/son-in-law or daughter-in-law). However, it is possible to enter into a civil partnership (PACS) between first cousins.

A PACS can be signed between two French people, a French person and a foreigner, or two foreigners, of the same sex or of different sexes.

It is not mandatory to already be living together at the time of registering a PACS, but you must declare a shared address by means of a sworn statement. This address then becomes your home address.
- A civil partnership (PACS) does not confer French nationality.
- A civil partnership (PACS) does not allow for family reunification.
- The PACS does not change anything for the children (family name, parentage…).

How to do it?

Before starting the process, feel free to contact your town hall to check the list of required documents, deadlines, etc.

The agreement is a document written in French that specifies the rules of the two partners' shared life. For example: contributions to household expenses, the division of assets purchased before and after the PACS (Civil Solidarity Pact), the repayment of household debts, the consequences of ending the PACS, etc.

There are several possibilities:

  • use an official PACS template available on the internet (Cerfa form n°15726*02).
  • Make an appointment with a notary for legal advice and to draw up a more detailed agreement (note that fees must be paid).
  • write an agreement yourself with personalized information based on your situation.
In all cases, this text must be included in the agreement:
"We, (Partners' names and surnames), enter into a civil solidarity pact governed by the provisions of the amended law of November 15, 1999 and articles 515-1 to 515-7 of the civil code."

A single agreement needs to be drawn up , with the signatures of both partners.

In the online agreement template, the legal principle of separation of property applies. This means that each partner owns the property they purchase. The property is not automatically divided.

In case of death

  • A civil partnership does not confer inheritance rights.
  • If one of the partners dies, the other receives nothing automatically.
  • To give assets to a partner, a will must be made or it must be clearly stated in the PACS agreement.

Documents shared by both partners:

  • The PACS agreement (see step 1)
  • The joint declaration of a civil partnership (PACS), using this completed form ( Cerfa no. 15725*03 ). An explanatory guide is available here.
  • A joint address declaration with a sworn statement if you do not yet live together.

Documents for each partner :

  • An identity document: an identity card, a residence permit, a passport, a travel document, a driving licence , a receipt (or any other document with name, surname, photo, and signature, issued by a public authority)
  • A full copy of thebirth certificate (less than 3 months old):
    - to request on the OFPRA website by clicking here if one of the partners is a refugee, beneficiary of subsidiary protection or stateless
    - to ask here if one of the partners was born in France or abroad (but does not have international protection).

Read the Refugees.info fact sheet: " Requesting a birth certificate "

For people born in France, if the city that registers the PACS can directly access your civil status information from your town hall of birth, it is not necessary to provide a birth certificate.
To check, you can use this simulator.

If one of the partners in the PACS was born abroad and is of foreign nationality, the following must be added:

  • A certificate of non-PACS (civil partnership) less than 3 months old
    - to download, complete and send here
    - OR apply online here with a FranceConnect account.

Read the Refugees.info fact sheet: " Using FranceConnect to log in to a website "

Refugees, beneficiaries of subsidiary protection and stateless persons no longer need a certificate of custom to sign a PACS in France.

If If one of the partners in the PACS is widowed , you must add:

  • The family record book from the previous marriage, including the mention of the death (a photocopy is sufficient)
  • OR a full copy of the birth certificate of the ex-husband or ex-wife with mention of the death
  • OR a full copy of the death certificate of the ex-husband or ex-wife.

If one of the partners in the civil partnership is divorced, the following must be added:

  • The divorce decision
  • OR a copy of the family record book with mention of the previous marriage.
If a document is in a foreign language, it must be translated by a sworn translator .

Depending on the country of origin, it is sometimes necessary to have these documents legalized or apostilled to confirm their authenticity. Don't hesitate to contact your local town hall for more information.

When the file is ready, you can make an appointment at the town hall, by phone or online.

On the day of the appointment, you must go to the town hall together (both partners) with the complete file (original documents + photocopies).

The PACS cannot be registered if the file is incomplete.

Generally, there is no ceremony at the town hall after the signing.
If you want to organize a short official event and invite relatives, you must contact the town hall and make a request with a written letter.

In some cities, it is possible to make a pre-application for a PACS online.

  • Enter your postal code and select your city if it is in the list.
  • Click on "Apply online".
  • Next, carefully complete your personal information and forms, and send your documents in PDF format (same documents as in step 2).
  • The town hall will give you an appointment to register the PACS.

What happens next?

If you wish to change the rules governing your life together, you must write an amendment to your PACS agreement and complete a joint declaration of change.

The steps are explained here.

Several situations allow for the dissolution (termination) of a PACS (Civil Solidarity Pact):

  • In the event of separation, both partners or one partner must submit a request.
  • In the event of marriage or death, termination is automatic.

Everything is explained here.

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