More need to go to court. Since the 1st of November, the procedures related to Pacs are transferred to the officers of the civil status of the municipality. And it’s free.
from the 1st of November, towards the town hall, and not the court, to pacser! Consequence of the law of modernization of the justice of the Xxi century November 2016*, registration, modification, or dissolution of a civil solidarity pact (Pacs) is transferred to the officer of civil status of the town hall of the place of residence.
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Free and faster!
The procedures related to Pacs should therefore be facilitated, since the partners may apply to “35 498 common rather than the 307 magistrates’ courts. 188 947 couples are in a civil partnership in 2015.
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Good news: the act will be free of charge and deadlines should also be considerably reduced: this is where several months of waiting were necessary, they should spend a few weeks between making the appointment and the registration of the Pacs,” says the site MyPacs.fr a young “legaltech” of nantes, which proposes the drafting conventions online. (Service cost 19.90 euros. If you associate an inventory of the property, the formula passes to 24,90€.)
No changes
Concretely, the partners must provide the registrar with two copies original of the convention de Pacs, a piece of id, copy of their birth certificate, the family booklet of each previous marriage, as well as a statement of common life. The registrar shall record the declaration of civil partnerships in a register, will place the number and date of registration on the original of the convention, will restore one to each partner, and will present a receipt of registration. Finally, he will be responsible to inform the officer of civil status of the place of birth of each partner in the registration of the Pacs, which refer to this information in the margin of their birth.
The notary always possible
Those who wish to avoid to manage some of the paperwork can always rely on a notary. It will take care of all the necessary formalities (registration, advertising on the registers of civil status, etc). The notary can draw up an act on the measure, respectful of the balance between the partners, while taking into account the wishes of all, that he will keep. The cost of an agreement notarized is about 400 euros, of which almost half is made up of taxes, registration fees and formalities.
consequences
Attention: if the law changed the procedures, the rules governing the Pacs remain unchanged. “It is, therefore, not to be confused, under the pretext that the two types of union to take place now both in the town hall, the legal regime applicable to the Pacs with the various matrimonial property regimes,” says master Vincent Chauveau, notary in Nantes. And the difference is size. Marriage is based on a system of community of property, contrary to the Pacs that is based either on the separation of property either on ownership, according to the initial choice of partners. Many couples opt for civil partnerships, considering in particular a dissolution potential more “easy” and less expensive than a divorce. “But it is especially necessary to anticipate the consequences in the event of a death,” recalls master Chauveau. In the framework of the Pacs, it is important to remember that the partner is not an heir: thus, there was no amount reserved for or of survivor’s pension allocated. To protect his partner, it is imperative to make a will.
*Article 48 of the law n° 2016-1547 of November 18, 2016.
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*Article 48 of the law n° 2016-1547 of November 18, 2016.