Should you wish to place the terms of your communal life within a stable legal framework, and if you fulfil the conditions prescribed by law, you may enter into a Civil Solidary Pact (PACS).
What is the PACS?
In place since 15 November 1999, the PACS is a contract entered into between two adult persons, of different sexes or of the same sex, in order to organize their common life.
You may not enter into a PACS agreement under the following circumstances:
- You are a minor (even an emancipated minor);
- You are married;
- You are already bound by a PACS agreement;
- You are under guardianship (as of 1 January 2009, adults under guardianship may, under certain conditions, enter into a PACS agreement);
- You and your partner are close relatives.
Steps to be followed:
a) Drawing up a contract
The PACS requires the establishment of a contract to organize your common life (heritage, management of your assets, etc.). You may draw this up yourselves or solicit the advice of a legal professional (notary, attorney, etc.) There is no template for this type of document. At the very least, it must express a commitment on the part of both partners to the bonds of the PACS, in accordance with Law no. 99-944 of 15/11/1999, amended (this law, in these terms, must be cited in your agreement).
b) Documents required:
In addition to the agreement drawn up in a single copy (unsigned and undated), a number of documents must be provided by PACS applicants in order for their statement to be admissible:
- ID documents of both partners;
- unabridged birth certificate or abridged birth certificate with proof of descent, for both partners. These must not be older than 3 months. Foreign birth certificates must be multilingual or, failing this, accompanied by a certificate translated by a translator known to the Consulate;
- applicants who are foreign nationals and do not have a French birth certificate must provide an attestation from his/her embassy or consulate, indicating that in light of the supporting documents and in terms of the law of the State in which he/she is a national, that he/she is an adult, and that he/she is single and not placed under guardianship;
- an affidavit – for both parties – to the effect that that no relation or bond that could constitute an impediment to the conclusion of a PACS agreement exists between them;
- an affidavit indicating that the couple’s shared residence is located within the consular district where they have recorded their request;
- a family record book, if one of the two people is divorced or widowed;
- proof of residence in the consular district;
- an attestation of non PACS to be requested from the Tribunal de Grande Instance of Paris (Tribunal de Grande Instance de Paris – Service du PACS – 4 boulevard du Palais – 75055 Paris Louvre RP/SP).
Submission of application dossier at the Consulate;
Review of dossier and selection of a date for the registration of the PACS;
Signature of contract at the Consulate, in the presence of the Consul. The presence of both parties is mandatory;
Handover of signed and recorded PACS agreement to the applicants;
Transmission of notices by the Consulate.