For those who don't fancy marriage, but still want to make a commitment, the civil solidarity pact (pacs) is a good option. Stéphanie Swiklinski, a qualified notary, tells us more and answers a few questions on the subject.
Can I sign a PACS agreement with my notary?
This is indeed possible, and even recommended. Signing a PACS agreement is a commitment for a couple that requires a minimum of advice. Your notary will guide you, based on your family situation and assets, to draw up a "tailor-made" pacs. He or she will take care of the various administrative formalities and request the documents needed to draw up the agreement (such as birth certificates, for example). Once all these elements have been gathered, he or she will draw up the pacs agreement, register it and publicize it with the civil registrar, so that the pacs is mentioned in the margins of the partners' birth certificates. Once the agreement has been registered, the partners receive a receipt and a copy of the agreement. The advantage of a notarized PACS is that it is kept in the notary's office. This means you can request a copy at any time. On the other hand, if you choose to register your pacs at the town hall, the registrar does not keep a copy of the agreement.
What system should I choose for my PACS?
In the absence of an agreement to the contrary, the partners are governed by the separation of property regime, in which each owns the property acquired during the civil partnership. They have complete freedom to manage and enjoy their assets. This system is based on a highly separatist vision of assets, to protect the freedom of each partner. In fact, it's advisable to draw up an inventory of assets and include it in the agreement from the outset. Good accounts make good partners!
If you're more interested in protecting your partner, the undivided co-ownership system may be more to your liking. All property acquired by the partners (together or separately) belongs to them jointly, each for half. The assets are managed together, and each partner has the same powers over them.
What's the point of a will when you enter into a civil partnership?
Regardless of the regime chosen, PACS partners are not each other's heirs. The deceased's assets go to his or her children and, if he or she has none, to his or her father, mother and siblings. In the absence of a will, PACS partners are considered third parties to each other's estate. As far as housing is concerned, the law provides that on the death of one of the partners, the main residence may be occupied by the survivor, free of charge, but only for one year. By making a will, you can bequeath the usufruct of the main residence to your partner. This will give him or her peace of mind for the rest of his or her life. It is also possible to bequeath the available portion to your partner in a will, without having to pay inheritance tax. In short, as soon as the civil partnership is signed, make a will.