France updates application process for civil partnerships

France has updated the way couples can begin the process of registering a civil partnership (Pacte Civil de Solidarité, or Pacs), with a revised online pre-application system.

The change aims to make the process clearer and more structured for users. 

What is Pacs?

A Pacs is a civil partnership that allows two adults to formalise their relationship without getting married. It is a contract between two people who want to organise their life together and it applies to both same-sex and opposite-sex couples. 

It was introduced in the late 1990s and has since become a popular alternative to marriage in France.

While it provides certain advantages (for example in taxation and aspects of social protection), it does not give the couple the same legal status as marriage, particularly in matters such as inheritance or survivor pension rights.

As a result, partners typically need to make additional arrangements, such as drafting a will, if they wish to ensure inheritance protection. 

You can read our full explainer here to understand more about what Pacs is and how it differs from marriage. 

What has changed 

Couples seeking a Pacs partnership begin by accessing the service via their Service Public account or FranceConnect, where they can select the municipality where they intend to live together. If that municipality offers the online pre-application service, they can then complete the required information and submit their file digitally before attending the mairie. 

The new changes affect this online pre-application service.

Under the revised system, introduced on June 9, couples entering a Pacs in France will be able receive guidance throughout their application including with the couples sworn declarations (which confirm that the partners are not closely related and share the same residence).

Additionally, the new system also allows couples to download a personalised "Pacs memo" at the end of the process. 

The document sets out the remaining steps they must complete and provides a tailored checklist of supporting documents to bring when attending the mairie. 

Once submitted, the file is reviewed by the mairie. If it is complete, the couple is contacted to arrange an appointment for registration. If information is missing, additional documents will be requested before a date can be set. 

It is important to note that the online process is only a pre-application, and that the Pacs has to be formally registered in person before it can take effect.  

On the day of registration, couples must bring identification documents, their signed Pacs agreement, and any original supporting documents required by the municipality.

Recognition outside France 

The legal recognition of a Pacs abroad varies.

In the UK for example, a Pacs is recognised as equivalent to a UK civil partnership, which is closer in legal status to marriage than Pacs is in France. This means Pacs couples who move to England or Wales may find themselves with rights and obligations closer to those of married couples than they had in France. 

In the event of separation, English courts may be able to consider claims involving property, pensions and maintenance.

In the US, by contrast, there is no federal recognition of civil partnerships - usually referred to as civil unions or domestic partnerships - and while some US states allow for them, the US Embassy in France notes that the US "does not recognize it [Pacs] as a marriage".

Under US law, Americans entering into a Pacs in France would therefore not be considered as legal partners for tax purposes or as a married couple.