Your notary is there to support and advise you at every stage of your life. The decision to enter into a civil partnership is one of these key moments, and a notarized civil partnership offers many advantages.
Why a notarized civil union?
Generally speaking, couples wishing to form a civil union go to the town hall where they live together. What they don't necessarily know is that it's in their interest to draw up their PACS agreement with their notary. The notary will take care of the formalities from A to Z. He will request the documents needed to draw up the agreement (such as birth certificates, for example), draw up the pacs, have it registered, and will also register it with the civil registrar so that mention of the pacs appears in the margins of the partners' birth certificates.
Once the agreement has been registered, the partners are given the registration 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 a pacs at the town hall, the registrar does not keep a copy of the agreement.
Are all pacs drafted in the same way?
No. The notary doesn't make "ready-to-wear" agreements, but rather "made-to-measure" ones! He will advise you on the best way to draw up an agreement tailored to your family situation and assets. With a notarized PACS, nothing is left to chance! He'll help you choose between the system of separation of assets (default system) or joint ownership (optional). As in the case of marriage, the fate of the property purchased will depend on the regime chosen in the PACS agreement. Unless otherwise agreed, couples entering into a pacs are automatically subject to a regime of separation as to property. In the event of a joint purchase, half the property will be deemed to be jointly owned. In the event of separation and termination of the pacs, the property may be sold and the proceeds shared between the pacs partners (up to their respective shares, where applicable). If one of the partners wishes to keep the property, he or she can exercise his or her priority right to buy out the other's share.
Having a notary draw up a PACS agreement not only helps to organize day-to-day life, but also lists the assets belonging to each partner, which will save a lot of trouble in the event of a break-up.
How much does a notarized pacs cost?
When you sign a PACS agreement with your notary, it's a notarized deed (with all the guarantees that entails) and is subject to a fee. The price is the same whether you're in Lille or Nice.
This deed will be taxed by the State as follows:
- registration of the PACS is subject to a fixed fee of €125,
- and when there is a transfer of real estate, there will be an additional cost.
The notary will also be remunerated according to a fixed deed fee of €230.77 and a formalities fee.
Please note! For an effective PACS, you'll need to draw up a reciprocal will in which each partner bequeaths his or her usufruct on the main residence, for example, to the other. In this case, the cost of drawing up a will is additional.
Stéphanie Swiklinski