Section actions
Duration: PACS: 1–4 weeks; marriage: ≥1 months after publication of bans
Cost: Free PACS; free marriage in public hall
Possible online
Who this guide is for
Section actions
- You if you hesitate between PACS and marriage
- You if you want to understand the fiscal and legal consequences of each form
- You if you are a foreigner and wish to use the union for a residence permit
To be prepared in advance
Section actions
- Knowledge of your priorities: taxes, children, succession, immigration
- Documents: identity documents of both, birth certificate <6 months, proof of residence
- For a foreigner: valid residence permit (for PACS/marriage in France)
Step-by-step procedure
Section actions
- 1Free union: common life without registration. Rights: limited — possible joint accounts, but you are not automatic heirs, individual taxes. For the CPAM — status of entitlement under certain conditions. Free.
- 2PACS (Pact Civil de Solidarité): civil union, registered in town hall (from 2020 — online or on site). Rights: joint tax return from the year of the PACS, estate without tax (as married), CPAM entitled, mutual material assistance. Out — simple (recommended letter). For a foreigner — may be entitled to a residence card "privacy and family life" after 1–5 years.
- 3Marriage: full legal recognition. Rights: automatic succession (without tax), survivor's pension, parenthood, default parental authority, family tax quotient. Routture — divorce procedure (see divorce-consent). For a foreigner — foundation of the title VPF (Private and Family Life).
- 4Tax comparison: CAPS and marriage — common taxation (family quotient). Free union — each separately. For a family with 2 children and an income gap: PACS/marriage saves 1 000–3 000 €/year.
- 5Succession comparison: PACS and marriage — exempt from inheritance duties (but in PACS the inheritance can be taxed if the property is not in division). Free trade union — 60 % of rights (rate between unrelated persons).
- 6Health comparison: PACS and marriage — automatic spouse entitlement quality on the partner's CPAM. Free union — entitled only if cohabitation ≥12 months and material dependency.
- 7Immigration: marriage — the strongest path (VPF title, after 3-4 years renewable, after 5 years — 10 years). PACS — title "privacy and family life" possible, but less robust. Free union — almost never a foundation.
- 8Procedure PACS: online on service-public.fr or in town hall. Cerfa 15725*02 + PACS Agreement (describes mutual assistance, property). Deposit: documents of identity, birth certificates <6 months, proof of residence, certificates of honour. Registration: 1–4 weeks.
- 9Marriage procedure: file in town hall at least 1 months before the date. Publication of bans (10 days). Town hall ceremony, by the registrar. Cerfa + birth certificates <6 months + proofs + 2 witnesses.
- 10Children: in PACS and free union — filiation to be established separately (recognition for the father). In marriage — presumption of automatic paternity.
Common mistakes
Section actions
- Believing that the PACS is equivalent to marriage: the PACS does not give the right to reversion, simplified filiation, certain benefits.
- Not taking into account the tax consequences: PACS/marriage saves for most couples.
- Do not recognize a child in a common-law relationship/PACS — the child does not have a legal father automatically.
- Trying to break a PACS in town hall rather than by mail — refusal by the town hall, notification by recommendation necessary.
- To believe that a foreigner can regularize by free union: only through PACS or marriage, and under conditions.
Official sources
Section actions
Show sources in this section
Important remark
Unions are governed by the Civil Code. Indicative information; for your case, consult a notary or a family law lawyer.
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