The Pacte Civil de Solidarité (PACS)
It is a contract between two adults, of different or of the same sex, intended to help organize their life in common. It entails both rights and obligations for both partners, especially “mutual and material support”.
It does not, however, provide any specific right to stay, work and live in France.
At least one of the partners must be French.
The two partners:
must live together in the same consular jurisdiction where they apply,
may not be related directly or have direct affinity, or be collateral kin up to (and including) third generation cousins,
may not be married,
may not be already bound by a PACS.
Required documents for applying for a PACS
(All documents must be originals)
For the French partner:
1/ long form copy of French birth certificate issued less than 3 months ago (this document is sufficient to prove you are not already bound by a PACS, as well as your French nationality – providing you were born in France to at least one parent also born in France);
2/ valid ID card with a photo;
3/ in case of a former marriage(s): family record book(s) (livret de famille), or copy of marriage certificate(s) and divorce judgment(s);
4/ proof of French nationality: valid national ID card, copy of the naturalization or restoration decree, declaration of acquisition of French nationality, or certificate of French nationality.
For the foreign partner:
1/ Birth certificate
2/ Certificate of foreign law stating that:
- he/she is considered an adult under the law in his/her country,
- he/she is not already married,
- he/she is not under a system of protection (guardianship or supervision),
This document can be obtained:
- by their country’s Consulate, if they are nationals of a third country,
- by a public notary, if they are American citizens
3/ Certificate of non-PACS issued within the past 3 months, to be obtained from the “Tribunal de Grande Instance” (regional court) in Paris.
By both partners:
1/ Attestation or documents proving there is no kinship or marriage (art.515-2 of the Civil Code)
2/ A statutory declaration (affidavit) that you both reside together, signed by both partners
3/ A PACS agreement (one, original) detailing the material effects of their life together.