The Civil Solidarity pact (Pacte Civil de Solidarité namelly PACS) is a formalised contract drawn up between two persons of different or same gender in order to legalise their domestic partnership. Both parties must be of age.
The PACS agreement implies certain responsibilities but also entitles the signatories to a certain number of legal rights in terms of: taxation, social protection, employment and housing. It is not possible to establish a PACS between three or more persons.
A PACS cannot be drawn up:
- between partners related lineally;
- between partners related to a prohibited degree (brother and sister, uncle and niece, etc.);
- between direct in-laws (mother-in-law and son-in-law, father-in-law and daughter-in-law, etc.);
- if one of the partners is already married;
- if one of the partners is already engaged in a PACS agreement.
Persons wishing to establish a PACS should apply at the Greffe of the Tribunal d'Instance of their place of residence. They are required to deposit two copies of their handwritten agreement.
Partners residing abroad should apply to the French embassy or consulate.
Each partner should provide the following documents:
- proof of identification (national identity card, passport…);
- a long form birth certificate or certificate with bond of filiation (the document should be recent and if possible issued within the last three months);
- a signed statement certifying that there is no family or marital link with the other party contrary to the establishment of a Pacs agreement;
- a signed statement certifying that the couple’s address comes under the jurisdiction of the Tribunal d'Instance where the joint declaration is registered;
Divorced persons should provide a long form marriage certificate, or a marriage certificate indicating bond of filiation and widowed persons should provide the former deceased partner’s long form birth certificate with bond of filiation. In both cases, the former family record books can also be submitted.