Pacs or marriage? Between the two my heart sways

Celebrating the union

- Pacs. Unlike marriage, a Pacs does not involve any special ceremony. It's an agreement registered either at the town hall or at a notary's office. In addition to the Pacs agreement itself, the future cohabitees will need to provide several documents beforehand: an identity document, a birth certificate with filiation (or a full copy less than three months old, or less than 6 months old if the civil union partner born outside France), a declaration of Pacs and sworn statements of non-relationship, non-alliance and joint residence. Additional documents may be required if one of the future PACS partners is not French, or if one of them has already been married or PACSed.
- Marriage. In terms of formalities, the documents to be submitted to the town hall where the marriage is to take place are identical to those required for a PACS, with one exception: you'll need to provide details of the bride and groom's witnesses, and the notary's certificate if a marriage contract has been drawn up. Once all these documents have been assembled, the official announcement of the forthcoming marriage is made by publishing the banns. The banns are posted for 10 days at the town hall of the place where the wedding is to take place, as well as at the town halls where either of the spouses is domiciled. On the big day, the wedding ceremony takes place at the town hall, in a room open to the public. The ceremony is conducted by the mayor or a deputy mayor, in the presence of the bride and groom and their witnesses. During the ceremony, the bride and groom exchange their consents and confirm their commitment to respect the obligations of marriage. A family record book is issued.

Family life

- Pacs. Although in many respects the Pacs is likened to marriage, it does not give the right to use the name of one's partner. There are also certain differences in terms of filiation. While the mother automatically benefits from theexercise of parental authority as soon as her name appears on the birth certificate, the father can only benefit from this right if he recognizes the child before he is 1 year old. If the partners wish to adopt, the adoption will only be individual, i.e. only one of them can initiate the procedure and will be considered as the child's adoptive father or mother.
- Marriage. When a woman marries, she keeps her family name (often for professional reasons, if she is known by that name). But tradition dictates that the wife use her husband's name. The bride and groom may also opt for a double name. In both cases, the name is known as nom d'usage. Whatever the case, the spouse retains the name recorded on his or her birth certificate, and will always remain registered on his or her papers. As far as filiation is concerned, the Civil Code states that a child conceived during marriage has the husband as its father.

A question of age
According to the FrenchNational Institute for Statistics and Economic Studies (INSEE), the majority of today's brides and grooms are in their thirties: 35 for Mrs. and 38 for Mr.. The explanation is simple: a large proportion of couples choose to form a civil partnership and wait a few years before getting married.

Asset management

- Pacs. Assets acquired during the Pacs will be subject to the separation of property regime by default. This means that each partner will own the assets he or she has acquired. Assets acquired individually before the Pacs will remain separate property. However, the partners may opt for joint ownership when registering the Pacs agreement, or modify it at a later date.
- Marriage. Unless a matrimonial regime has been chosen in a marriage contract, spouses are automatically subject to the community of acquests regime. Assets acquired by the spouses during the marriage, as well as all income, are deemed to be common to both spouses.

According to Insee?
At the end of 2017, there were 233,915 marriages compared with 193,000 Pacs. And in 2018, there were 235,000 marriages! Who said people don't get married anymore?

Housing

- Pacs. If the main residence is rented, and if the lease has only been signed by one of the partners, the other is not co-titled to the lease. However, he/she is jointly and severally liable for all rental payments. What's more, the partner who signed the lease can decide at any time to terminate it without the agreement of the other partner. If one of the parties is the owner, the agreement of both is not required to sell the main residence.
- Marriage. Both spouses are co-owners of the lease, even if it has only been signed by one of them. And, of course, they are jointly and severally liable for the rent. The family home can only be sold with the agreement of both spouses.

Separation

- Pacs. It's just as easy to form a civil union as it is to separate. A simple declaration to the town hall or the notary who registered the Pacs is all that's required, with no obligation to pay any form of compensation.
- Marriage. Separation involves divorce, a procedure strictly regulated by law, whatever the form of divorce. One ex-spouse may be required to pay compensation to the other in recognition of the disparity in living conditions created by the divorce.

Inheritance

- Pacs. The Pacs does not give the surviving partner any inheritance rights. The partner who wishes to bequeath his or her property to the other must make a will. If there are no reserved heirs, it is possible to bequeath all assets to the surviving partner. Where there are heirs subject to the right of retention, the bequest may not exceed the available portion. PACS partners are not entitled to the survivor's pension in the event of their partner's death.
- Marriage. The spouse has the status of legal heir, and cannot be totally disinherited. However, his or her rights vary according to the heirs entitled to the inheritance and whether or not there is a gift between spouses. A small plus compared with a PACS, spouses are entitled to the reversionary pension even if they are divorced.

Some points in common

Pacs and marriage do, however, have a number of points in common:
? taxation. In both cases, spouses and civil union partners are subject to joint taxation for income tax and property wealth tax (IFI). Pacsés and married couples are also on an equal footing when it comes to inheritance tax, from which they are exempt. In the event of a gift, they will also be entitled to the same allowance.
? Social protection. Health insurance coverage is identical in both situations.
? the obligation to live together, i.e. to have a common residence, even if this does not prevent them from having separate homes.
? the obligation to provide material assistance in proportion to each partner's financial capacity. PACS partners and married spouses are jointly and severally liable for debts contracted by one of them for everyday needs. This joint liability does not apply to manifestly excessive expenses. It is also excluded, in the absence of the consent of one of the members of the couple, for a purchase on credit or for a loan, barring exceptions (modest sum necessary for the couple's day-to-day living or, in the case of several loans, reasonable sums in relation to the household's standard of living). Apart from day-to-day needs, each partner or spouse remains responsible for personal debts incurred before or during the Pacs or marriage.

Marie-Christine Ménoire