PACS is a civil agreement, an act that is concluded between two individuals to organize their life together in France. The contracting parties must be of legal age, any gender.
There are no restrictions on nationality for the conclusion of PACS in France. But if the PACS is concluded abroad (at the embassy or consulate), at least one of the partners must be of French nationality.
PACS in France is concluded with the city hall of the place of joint residence or with a notary (in rare cases).
What documents are needed to conclude a PACS agreement in France?
- Identification;
- Notarized copy or extract from birth certificate indicating family ties (if possible, dated less than three months). A statement that there is no kinship between you;
- A statement indicating the address of the joint residence, which must relate to the mayor’s office of filing documents.
Additional documents for foreigners:
- Certificate of not being in PACS, issued by the Paris Tribunal (a request can be made either by mail, by enclosing a self-addressed envelope, a copy of the birth certificate in French, an identity card and the request itself, or via the Internet, by scanning the same documents. Certificat de coutume, a certificate of inconsistency in marriage from the consulate of the country of which you are a citizen, which must indicate that you are not married, an adult, and can legally enter into contracts (in other words, that you are legally capable).
- For people living in France for more than a year, a certificate stating that you are not entered in the general civil register – attestation de non inscription au répertoire civil annexe (délivrée par le service central de l’état civil). A contract in which you stipulate your material relations, joint or separate ownership of property, to whom what remains in case of termination of PACS, etc. The contract can be drawn up both by the partners themselves and by a notary. You can change the contract by joint agreement after the conclusion of PACS. To do this, two signed copies of the new contract must be sent to the tribunal in France for certification.
Legal Force of the PACS Agreement
PACS partners have mutual obligations such as:
- Cohabitation;
- mutual material assistance (each partner invests in household expenses: rent, food, health, etc);
- mutual assistance in case of illness or unemployment.
A partner in PACS is not an heir if no will has been drawn up in his/her name.
Termination can be done at the request of one or both partners. As well as:
- In case of marriage of one or both partners
- In case of death, in the event of a marriage, PACS’s dissolution occurs automatically. You do not need to contact the authorities yourself.
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How PACS Conclusion Affects France’s Residence Permit?
An agreement concluded by a European or a foreign national with a Frenchman allows you to obtain a temporary residence permit marked “private and family life”. You also have the right to make it easier if you are a partner of a European or foreigner who is legally in France. However, to apply for a residence permit, you will need to document the following:
- conclusion of PACS;
- the reality of your relationship with your partner;
- experience of your life together in France (at least one year).
