Civil solidarity pact (PACS)

The Civil Solidarity Pact (PACS) is a civil union. It takes the form of a contract, or agreement, concluded between two people of legal age, regardless of their sex, to organize their life together.

It implies in particular:

• Living together and defining a common residence;
• Providing reciprocal material contributions, proportional to the abilities of each partner;
• Reciprocal assistance in the event of difficulties;
• Solidarity in everyday life, notably for debts.

Unlike marriage, this is a flexible, rapid procedure that can be dissolved by letter. It does not bring the same benefits, but protects partners better than a common-law union.

Please note: establishing a PACS does not entitle the partner to French nationality.

A Civil Solidarity Pact involves drawing up a contract. While there are standard models, they can be adapted as closely as possible to the needs of the couple.

This concerns, for example, the property regime, the management of assets, the terms of each partner's contribution, dissolution...

In addition to the Pacs agreement, the file must include various documents:

• Official identity documents for each partner;
• A joint declaration of Pacs and attestations on honor that the partners meet the mandatory conditions;
• A full copy of each partner's birth certificate. For people born in Montpellier, this will be added directly to the file by the Civil Status department;
• A copy of the extract from the civil register, if the birth certificate has an RC (civil register) entry in the margin;
• In various situations (divorced partners, widowers, of foreign nationality or origin...) additional documents will be requested;
• The complete file must be handed in by appointment at the Civil Status department counter, or sent by post.

Please note: submission of the file does not imply registration, which will take place at a later appointment.

The law authorizes two methods of registering the Pacs agreement:

• At the notary's office. Signing the agreement brings it into immediate effect;
• At the civil registry office in his or her commune of residence.

Whichever option you choose, the PACS agreement does not produce a new civil status record. It is simply mentioned in the margin of the birth certificate.

Several conditions must be met:

• Have a common residence in the commune;
• Be of legal age (the future foreign partner must be of the age of majority set by his or her country), and legally capable (a major under curatorship or tutelle can enter into a pacs under certain conditions);
• No direct family ties;
• No previous pacsé or marriage, including abroad;

Registering a PACS in Montpellier is done by appointment with a civil registrar, on Wednesdays from 2pm to 4:30pm and Thursdays from 2pm to 6:15pm.

Future partners will be welcomed in the Town Hall lobby and taken to the PACS registration room.

Please note: it's imperative that both partners are present, armed with their original valid ID.

The civil registrar will register the agreement and return it to the partners. It is therefore essential to keep this document in a safe place. A receipt will be given to each partner. The civil registrar will then transmit the mention of the Pacs to be made in the margin of the birth certificates.

It is possible to request modifications to the PACS agreement.

To do so, it is necessary to provide a joint declaration of modification form, as well as an amending agreement.

The request for modification can be made by mail, or by appointment at the civil status department.

In the event of death, marriage of the partners, or of one of the partners, the PACS is automatically cancelled.

On the decision of one or both partners, it is possible to make a request to dissolve the PACS by mail or by dropping off the file by appointment at the Civil Status Department.

Unlike a child born in wedlock, it is necessary for the father to carry out an acknowledgement procedure to establish filiation.

If the child is recognized by both parents, it will carry the father's name by default. But when declaring the birth of their first child, the parents have the option of making a joint declaration of name. This document enables them to choose the surname of their first joint child. It can be the mother's name, the father's name, or both their names together in the order they decide.

Please note: all children of the same couple must bear the same surname.

For adoption applications, the law stipulates that pacsés partners must make an individual adoption application, as a single person.