Living together

Above: latest issue

In many ways the French Pacte Civil de Solidarité (PACS) resembles the British Civil Partnerships Agreement (CPA). There are however a number of differences between the two forms of cohabitation agreement. Since their inception, there have been a number of complications and conflicts between the two systems. In this article we shall consider some of the current issues as well as looking at what the future may hold for couples who may be contemplating such contracts.

By way of outline, both forms of contract constitute cohabitation agreements for nonmarrying couples. The PACS is aimed at both heterosexual and same-sex couples, while the British CPA is open only to same-sex couples. It may be argued that the British position is logical: a heterosexual couple wishing to enter into a long-term stable bond is able to marry; and it should be noted that the whole basis of the legislation is that in the past same-sex couples have not been able to marry (although this is now possible in some jurisdictions such as Spain and the Netherlands), so the CPA or PACS would offer an acceptable alternative.

The initial constitutional requirements for such agreements reflect those for marriage – the couple cannot already be married or related, nor already be in any form of co-habitation agreement. Just as a marriage is recognised internationally, so the existence of CPA or PACS is recognised overseas. Article 515-2 of the code civil requires that each party is single before completing a PACS, for example. Yet some couples have tried to enter into two agreements in the past, so as to be able to take certain benefits in one jurisdiction that would otherwise not be available to them.

This article can be found on page(s) 75 - 76 of the lastest issue

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