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The civil partnership (PACS)

Some people do not want or cannot enter into marriage, they want to establish a civil partnership, or want to break it.

A civil partnership is a contract that is opposed to marriage, an institution.

The rules of the civil partnership were completely modified in 2006, and the rules laid down bring it closer and closer to marriage by borrowing rights and duties between the most traditional spouses: help, aid and assistance.


The partnership must be registered with the civil servant of the town hall of the place where the partners will fix their residence or with a notary. In the case of a contract, partners can lay down rules they want to apply. The dissolution of the partnership can result either by mutual agreement, or be denounced unilaterally.

Thus, the partner who decides to unilaterally break the partnership will have it served on the other by way of a bailiff.

It has been held that the unilateral dissolution of a civil partnership by one of the partners does not amount to unilateral repudiation, according to the Constitutional Council, since a civil partnership is not a marriage but a contract of private law of indefinite duration which can therefore be terminated freely and unilaterally (Cons Cons, 9 Nov 1999, n ° 99-419, DC, OJ 16 Nov).

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Concubinage :

“Concubinage” or cohabitation is a de facto union between two people, characterized by a common life with a character of stability and continuity.

Some town halls issue cohabitation certificates which, however, have no legal value. Unlike spouses or even civil partnerships, there is no obligation to contribute to household expenses.

Cohabiting partners are considered two foreign persons, they have no inheritance rights between them.

When the conjugal bond is dissolved, there is no financial compensation.

However, in the case where one partner abandons his partner without resources, the jurisprudence has admitted in certain cases, the existence of a natural obligation to his cohabiting partner, which turns into civil obligation, (for example, after the separation, paying sums of money to the concubine can be analyzed as a moral obligation).

Maître Mayer, family law lawyer in Paris, advises and assists you in the context of a civil partnership and cohabitation breakdown.

Your lawyer can intervene before the courts of Nanterre, Créteil or Versailles.

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