Alexandre Moreau-Lespinard: what is the pacs and why use a notary?

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When you’ve been living with someone for a while, you may feel the need to bond with them, but also to have insurance and a way to better manage your life together. Of course, there is the traditional marriage for this, but it is not for everyone. Too strong symbolically, marriage is a symbol that not everyone necessarily wants to join, for a variety of reasons. What’s more, the matrimonial regime imposed by marriage, although it is possible to modulate it, is not necessarily ideal and can be restrictive. In this case, it is possible to opt for the pacs and pass it in the presence of a notary to manage all aspects of it in the best possible way. But what is the pacs? What are its effects? And why use a notary? Answers with Alexandre Moreau-Lespinard.

What is the PACS?

The PACS is a contractual institution that allows two people to be united via a contract. The initials “PACS” refer to the civil solidarity pact, which must be entered into by two adults of different or the same sex. Contrary to the common-law union, which is a simple de facto state of affairs, this one formalizes the couple towards third parties via a contractual institution. It also organises the relationship between the spouses. It offers stability and an evolving framework, but is less strict than marriage, particularly with respect to its dissolution.

Who can enter into a pact?

Partners wishing to enter into a PACS must be of legal age in accordance with article 515-1 of the Civil Code. Minors cannot enter into a PACS, nor can emancipated minors. In the case of a PACS with a person of foreign origin, this person must have reached the age of majority in force in his or her country of origin. This is an opportunity to underline here that the PACS does not make a distinction between French and foreigners. If the couple wishes to enter into a PACS abroad, they can do so at the French consulate, provided that at least one of the persons is of French nationality. The partners must also have full legal capacity. On the other hand, the PACS is not possible for people with family ties, in direct ascending line, but also in direct and collateral allies, up to the third degree. Future partners must also not already be linked by marriage or another PACS.

What are the advantages of PACS?

The PACS offers many advantages similar to marriage but also allows more flexibility than marriage. First of all, it requires much less formalities than marriage. Its solemn character and the social construction of marriage have indeed made it extremely tedious and strict. The future spouses will have to go through a large number of formalities before getting married. Conversely, the civil solidarity pact is much simpler to conclude and requires only a few documents: a PACS agreement, a joint declaration of conclusion of the PACS, a birth certificate and an identity document. The PACS is therefore relatively simple to prepare and implement. It also makes it possible to keep an independence of patrimony, which is more complex during a marriage. Under the PACS, this independence is total, which does not prevent the purchase of joint property by express will. Under the “pacsimonial” regime of indivision, the earnings and wages saved therefore remain specific to each partner. In terms of debts, the PACS is also more flexible than marriage: the partners bound by this contract are thus held jointly and severally liable only for debts arising from everyday needs. The PACS is also a much more flexible framework than marriage: it is thus easy for the partners to modify the conditions of organization of their life together as written in their contract. The spouses can change these conditions only if it is deemed to be in the family’s interest and these changes will sometimes even have to go before a judge, whereas the PACS allows you to change them at any time. Finally, it is much easier to break a PACS than a marriage. Where the spouses will have to undergo a cumbersome, lengthy and costly divorce procedure requiring the intervention of a specialised lawyer, the PACS can be broken up much more easily and involves a less cumbersome and symbolically less difficult procedure.

Why go to a notary?

As we have already mentioned, signing a PACS is a relatively simple process, and it is entirely possible for you to fill in the necessary documents yourself before going to the clerk’s office of the court of first instance. However, you may also wish to consult a notary like Alexandre Moreau-Lespinard to help you better prepare and build your PACS with your loved one. First of all, the notary will be able to answer all your questions about the pacs, and to make these answers correspond to your situation. The call to a notary allows you to obtain personalized advice. This advice can also relate to the choice of your contract and the regime you wish to apply to it. The PACS drawn up at a notary’s office will also set a certain number of rules according to the choice of partners, and will list their assets, thus making it possible to draw up a tailor-made PACS that is less conducive to conflict. Finally, the deposit at the notary’s office is also a guarantee of security and peace of mind: the notary will take care of all the formalities relating to the PACS, and thus guarantee you documents in due form without effort, but the notary will also keep your contract and can give you copies: an important guarantee of security that will avoid problematic situations in the event of loss of the contract.

The PACS, which is often underestimated, is therefore an interesting alternative to marriage, reserved for people who want more flexibility and freedom in their living environment but who still want to seal their love and enjoy the advantages due to this institutional status. For more information, please do not hesitate to contact Alexandre Moreau-Lespinard or your personal notary.

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