The PACS (Civil Pact of Solidarity) is an agreement established between two adults, regardless of their gender, to organize their shared life. While the PACS has fewer effects than marriage, it remains a contract subject to numerous rules. Are you a French resident abroad wondering how to enter into a PACS? What steps will you need to take?
Can you enter into a PACS if you live abroad?
As a French citizen living abroad, you can indeed enter into a PACS. The PACS can be concluded with both a French citizen and a person of another nationality. Your main obligation is to follow the necessary steps to carry out this project.
Related reading : How to Secure a Yacht Charter Contract on the French Riviera?
According to the website www.annuaire-mairie.fr, you must make a joint declaration of PACS at the French embassy or consulate in the foreign country where you reside. This is a mandatory formality, as long as one of the partners in the PACS is of French nationality.
Thus, if you wish to enter into a PACS while residing in Italy, you must go to the French embassy or consulate in the Italian city where you live. Similarly, you must appear in person with your PACS partner.
Further reading : How to become a lawyer in France?
The conditions for PACS for French citizens living abroad
Beyond the requirement for one partner to have French nationality, other essential conditions must be met to conclude a Civil Pact of Solidarity abroad:
- as a French resident abroad, you must be of legal age at the time of concluding the PACS,
- the partner, if foreign, must also meet the age of majority required by their country,
- neither partner may be in a PACS with another person,
- be legally capable,
- the two partners must not have direct family ties between them.
Furthermore, PACS partners must also declare a common residence address in the foreign country, through a sworn statement. However, at the time of the PACS, you are not required to live together. The obligation to live together takes effect after the PACS is concluded.
There are also certain conditions related to the PACS agreement. Whether it is a minimal or detailed agreement, it must expressly state the intention of both partners to commit to a PACS. Likewise, unless stated otherwise, the property of PACS partners is considered separate (legal separation regime), regardless of the nature of the agreement.
However, for a detailed agreement, PACS partners remain free to share ownership of certain assets acquired individually or jointly after the PACS. The detailed agreement specifies the conditions for each partner’s participation in the shared life.
What documents are required?
A French citizen wishing to enter into a PACS abroad must provide:
- a birth certificate extract dated less than 3 months ago specifying their parentage,
- a joint declaration of PACS, containing sworn statements of absence of kinship, alliance, and existence of a common residence,
- an original and a copy of a valid identification document,
- the PACS agreement.
The PACS partner, if a foreigner born in an EU country, must provide the same documents. However, the birth certificate extract with parentage required for them must be dated less than 6 months ago. The same applies to a foreigner born in a non-EU country.
A future PACS partner of Swiss nationality is exempt from these requirements. If the documents provided are in a foreign language, they must be translated. Similarly, depending on the case, apostille or legalization formalities may be required to authenticate the provided documents.
The steps to follow to enter into a PACS abroad
Once you have provided the necessary documents to the French embassy or consulate in your country of residence, the agent will register your declaration. This assumes that you have met all the legal conditions required to enter into a PACS abroad.
Once the PACS is registered, the information is transmitted to the civil status service. The PACS is then noted in the margin of the birth certificate of each of you, if you are both French. If one of you is foreign, it is the central civil status service of the Ministry of Foreign Affairs that registers the information.
The PACS takes effect between the partners as soon as it is registered by the consular agent. Regarding third parties, the effects of the PACS of a French resident abroad begin as soon as it is noted in the margin of their birth certificate.