On the financial side, is the Pacs more interesting than marriage?
There are few differences since the 2005 reform : same common taxation, identical allowance in the event of donation and same rights in terms of health insurance, holidays and rental leases. As between spouses, the right to the lease of the common dwelling can be transferred in the event of the death or abandonment of the other.
Differences remain, however, in the event of separation or death. If alimony can be paid for the children in both cases, the PACS partners cannot obtain either compensatory allowance or damages. As for the inheritance, it is maintained without inheritance tax, provided that the partner has drawn up a will in favor of the survivor. Clarification: only spouses benefit from the survivor’s pension granted to the spouse of a deceased pensioner.
Pacs and marriage: and for the children?
Same rights and duties, same conditions for exercising parental authority concerning the biological children if the father recognized them. Corn to adopt, it is better to be married : PACS partners cannot adopt together, they can only submit an individual application separately. It is also impossible for them to adopt the other’s child.
On the debt side, if you are marriedthe law provides that you are solidarity with debts “related to the maintenance of the household and the education of the children”, while the partners of Pacs are only united with daily life debts. But judges define expenses related to children as those of everyday life.
To buy together, is it better to be married or civil partnership?
This is unimportant: in both cases, you can leave the imposed regime to take à la carte options! The PACS places you under the regime of separation of property. But when you sign the agreement, you can opt for the joint ownership regime.
Ditto for marriage… in the opposite direction: whatever one or the other buys belongs to both, since without a contract, you fall under the regime of community reduced to acquests. But with a wedding contract you can exclude assets from the community or, on the contrary, extend it to assets acquired before the marriage, and still come under the regime of the separation of property or the Universal community !
Good to know: you can modify at any time the terms of the PACSoriginal … more easily than its wedding contract.
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