Pacs or marriage: what are the differences?

The Pacs, or Civil Solidarity Pact, is a registered partnership, and with civil marriage, one of the two forms of civil union under French law.

While they both have legal consequences beyond the symbolic, they differ in many ways.

Pacs or marriage: what is the difference between the last name?

Within the framework of marriage, each of the two spouses may bear the name of their spouse in the customary name. The Pacs, on the other hand, has no effect on the surname.

Pacs or marriage: the differences for parentage and adoption

Within the framework of marriage, there is a presumption of paternity. According to article 312 of the Civil Code, “the child conceived or born during marriage has the husband as a father”. By default, the husband of the mother of the child is presumed to be the father. The couple can adopt together, and each spouse can adopt their spouse’s child.

In the case of Pacs, there is no such presumption of paternity with regard to the mother’s partner: the father must recognize the child, via the declaration of birth, in order to establish his paternal filiation. Regarding adoption, two people must be married to adopt a child together. Pacs partners do not have the possibility of jointly adopting adoption: as with cohabiting partners, the child can only be adopted by one of the spouses.

Pacs or marriage: no difference for life together

Spouses and PACS partners commit to living together. They provide material aid and reciprocal assistance in the event of difficulties, must be in solidarity with the expenses of everyday life and participate in the household budget, each according to their means. Both married and civil union partners are solidarity with debts related to daily living expenses (rent, rental charges, council tax, electricity bills, food expenses, etc.). Marriage also includes debts related to the education of children.

Marriage or PACS: what does that change for housing?

The spouse is deemed co-holder of the lease on family housing, regardless of the

matrimonial regime chosen, and even if the lease was concluded before the marriage.

Conversely, the PACS partner is only deemed to be the joint holder of the lease on family housing if both partners jointly request it.

For PACS, the situation also differs depending on whether the couple was a tenant or owner before the conclusion of the PACS:

• if one of the PACS partners was a tenant of the common accommodation, and he dies or abandons the accommodation, the other partner benefits from the transfer of the rental contract for his benefit.
• if the partner who was the owner of the accommodation constituting the main residence dies, the surviving partner has free use of the accommodation as well as the furniture included in the estate for only one year. After this period, the property is shared between the various heirs of the deceased partner, unless a will favors the surviving civil partnership (see below).

Pacs or marriage: what is the difference for inheritance in the event of death?

This is undoubtedly the major drawback of the Pacs, and what makes it so different from marriage: PACS partners are not heirs, unlike spouses.

When there is marriage, the surviving spouse benefits from inheritance rights, because he is necessarily heir to his deceased spouse, with the latter’s children, or his ascendants in the absence of children. This is not the case in the context of the Pacs.

The PACS does not allow you to benefit from inheritance rights: only a will gives the surviving partner the opportunity to inherit.

The rights of the surviving spouse are protected even if the deceased draws up a will that is unfavorable to him. Like the children of the deceased spouse, the surviving spouse cannot be completely disinherited.

The PACS is much less protective vis-à-vis the surviving partner. But it is quite possible for civil partnerships to remedy this situation, for example by drafting a more detailed agreement or a will.

Pacs or marriage: what does it change for taxes?

There is no difference in terms of taxation between marriage and PACS. Pacsés and married are subject to the same income tax provisions, and are jointly and severally liable for the payment of the housing tax when they live under the same roof.

Pacs or marriage: the differences in terms of heritage

• Regarding marriage, a wide choice of matrimonial regime

If they have not explicitly chosen their matrimonial regime, the spouses are considered to be married under the regime of the community reduced to acquests. Clearly, property that a spouse owned before marriage still belongs to him after the union. Property acquired during marriage, income related to a spouse’s property (eg rent) and earnings and wages are common. But the spouses are free to choose a different marriage contract among the existing regimes: separation of property, universal community, participation in acquisitions …

• PACS side, fewer possibilities

If they have not concluded a specific PACS agreement, the assets of PACS partners are subject to the regime of separation of property, which means that each partner remains full owner of the goods he acquired before and during the PACS. However, PACS members can enter into a specific PACS agreement and choose to opt for joint ownership, so that the assets acquired during the PACS are the joint property of both PACSs.

But unlike married couples, PACS partners cannot pool all of their assets and adopt the universal community regime.

Pacs or marriage: what is the difference in the event of separation?

You don’t break a PACS in the same way you break a marriage.

Only a divorce or a death ends the marriage. Divorce can be amicable (the spouses agree on the principle and the effects of the divorce) or contentious (no agreement between spouses). The rights and obligations resulting from the marriage are liquidated. A former spouse may be required to pay a compensatory allowance to his former spouse, to compensate for the disparity in living conditions created by the divorce. Clearly, the breakdown of marriage by divorce is often a long procedure, which moreover incurs significant costs in the event of a dispute.

Nothing like it on the PACS side. The latter is broken if the two partners marry each other, if one of them marries a third party, if one of the two dies, or by unilateral or joint rupture of the Pacs. The termination of a PACS can thus be made by only one of the PACSes, without the consent of the other, by simple declaration made to the registry of the district court. In the event of the dissolution of the Pacs, the rights and obligations resulting from the Pacs are liquidated. And the PACS does not provide any compensatory allowance.

Pacs or marriage: the survivor’s pension, a major difference

Finally, note that in the event of the death of one of the two married spouses over the age of 55, the surviving spouse may benefit from a reversionary pension : he can receive part of the pension from which the deceased spouse benefited or could have benefited.

On the other hand, like the cohabiting partner, the surviving civil partnership is not entitled to the survivor’s pension in the event of the death of his partner, even if he had children with the deceased.

Sources and additional information:

• http://www.justice.gouv.fr/art_pix/Pacs_ou_Mariage_171002_V6.pdf
• https://www.service-public.fr/