PACS at the Town Hall or with a Notary: Key Differences

Since the Modernisation of 21st Century Justice Act, which came into force on November 1, 2017, couples wishing to enter into a Pacte Civil de Solidarité (PACS - French civil partnership) face a crucial choice: whether to apply to the officier d'état civil (civil status officer) at their local town hall or to walk through the door of a notary's office. While both procedures confer the exact same tax and social security rights, they differ radically in terms of cost, legal guidance, flexibility, and asset protection. This comprehensive guide, written by the experts at AvocatAI, gives you all the keys to choosing the path best suited to your personal and financial situation.

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The Legal Framework of the PACS: Foundations and Statutes

The Pacte Civil de Solidarité is governed by Articles 515-1 to 515-7-1 of the Code civil (French Civil Code). Article 515-1 defines it as "a contract concluded by two physical persons of age, of different sexes or of the same sex, to organise their life together."

To be able to enter into a PACS in France, several substantive conditions must be strictly respected:

• Legal Adulthood: Partners must be of legal age. Minors, even if emancipated, cannot enter into a PACS. Protected adults (under tutelle or curatelle — guardianship or curatorship) can enter into a PACS under certain conditions of authorisation or assistance (Articles 449 et seq. of the Code civil).
• No Family Relationship or Alliance: A PACS is prohibited between direct ascendants and descendants, between direct relatives by marriage (e.g., mother-in-law and son-in-law), and between collateral relatives up to and including the third degree (brothers and sisters, uncles and nieces).
• Single Status: Neither partner must already be bound by marriage or another PACS (Article 515-2 of the Code civil).
• Common Residence: Partners commit to a joint life (Article 515-4 of the Code civil). The joint declaration must be registered with the competent authority of the place of this common residence.

The law also imposes reciprocal obligations: material assistance proportional to the respective capabilities of each partner, and joint liability (solidarité) for debts contracted for the needs of daily life (except for manifestly excessive expenditures).

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PACS at the Town Hall or with a Notary: Fundamental Differences

The choice of the registration authority has direct consequences on the nature of the deed and the level of guidance you receive.

1. The Legal Nature of the Deed: Private Agreement vs. Authentic Instrument

• *At the Town Hall (mairie): The deed is known as an acte sous seing privé* (private agreement). The partners draft their agreement themselves (often using the standard Cerfa template) and sign it. The civil status officer at the town hall only checks that the file is complete and that the identity documents comply. It is not their role to advise the partners or to check whether the clauses of the agreement are balanced or in line with their long-term interests.
• *With a Notary (notaire): The PACS takes the form of an acte authentique (authentic instrument - Article 1369 of the Code civil). The notary, as a public officer, drafts a tailor-made agreement after analysing the couple's financial situation. An authentic instrument has superior probative value (making it very difficult to challenge in court) and carries enforceable status (force exécutoire). Furthermore, the notary keeps the original deed (the minute*) in their archives for 75 years, protecting the partners against loss or destruction of the document.

2. The Property Regime: Joint Ownership or Separation?

By default, the statutory regime of the PACS is the separation of assets (séparation des patrimoines - Article 515-5 of the Code civil). Each partner remains the sole owner of the assets they owned before the PACS and those they acquire during it.

However, partners can choose, in their agreement, the regime of joint ownership (indivision - Article 515-5-1 of the Code civil). In this case, assets acquired during the PACS are deemed to belong to each partner fifty-fifty, regardless of the actual financial contribution of each.

The advice of a notary is crucial here: they will guide you towards the most protective regime, especially if one partner has a significantly higher income or if the couple plans to buy real estate.

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Practical Steps: Step-by-Step

Here is the path to follow depending on the option chosen for registering your PACS.

Option A: The Free Procedure at the Town Hall (mairie)

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[Step 1: Assembling the file]

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[Step 2: Booking an appointment at the town hall]

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[Step 3: Personal appearance and registration]

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1. Assembling the file: You must gather the following documents:

• The PACS agreement (standard form *Cerfa n° 15726\02** or a personalised agreement drafted by you).
• The joint declaration of the conclusion of a PACS (form *Cerfa n° 15725\03**).
• A birth certificate (full copy or extract with parentage) less than 3 months old (or less than 6 months old if the partner was born abroad).
• A valid ID document (original + copy).
• For foreign residents: a certificat de coutume (certificate of custom/law) and a certificat de non-PACS (certificate of non-registration) less than 6 months old.

2. Booking an appointment: Contact the town hall of your place of common residence. Depending on the municipality, waiting times for an appointment can vary from a few days to several months.

3. Personal appearance: Both partners must appear together and in person before the civil status officer. After verifying the documents, the officer registers the PACS and hands you an acknowledgment of registration. The town hall does not keep a copy of your agreement: it is returned to you immediately.

Option B: The Secured Procedure with a Notary (notaire)

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[Step 1: Initial consultation appointment]

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[Step 2: Drafting of the custom agreement project]

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[Step 3: Signing of the authentic deed and publicity formalities]

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1. The consultation appointment: You meet with the notary to outline your family, professional, and financial situation. This is the time to discuss your future plans (buying property, starting a business, protecting the surviving partner).

2. Drafting the agreement: The notary drafts a personalised PACS agreement project, tailored to your specific needs.

3. Signing and registration: During the second appointment, the notary reads the deed to you and collects your electronic or handwritten signatures. The notary then registers the PACS electronically and handles the publicity formalities with the civil status services. You leave with authentic copies, while the original is kept securely at the notary's office.

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Deadlines, Costs, and Key Figures: A Comparison

To help you decide, here is a summary table of the financial and time-related data:

| Criterion | At the Town Hall (mairie) | With a Notary (notaire) |

| :--- | :--- | :--- |

| Registration Cost | 0 € (Free) | Regulated fees: 101.41 € HT (i.e., 121.69 € TTC including VAT) |

| Possible Additional Fees | None | Registration duties (if real estate is included): 125 €; drafting and advice fees (unregulated, generally between 150 € and 400 €) |

| Appointment Waiting Time | 2 to 12 weeks (depending on how busy the town hall is) | 1 to 3 weeks (high flexibility of notary offices) |

| Deed Retention Period | 0 years (The town hall does not keep a copy) | 75 years (Mandatory retention of the original minute at the office) |

| Subsequent Modification | Free (at the town hall) | Approximately 120 € to 250 € (with a notary) |

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Real-Life Examples: The Impact of Your PACS Choice

Example 1: Marie and Thomas's Property Purchase

Marie and Thomas decide to buy an apartment worth 250,000 €. Marie contributes 80,000 € from her personal savings, while Thomas has no contribution. They repay the mortgage in equal shares.

• If they sign a standard PACS at the town hall (without advice): If they mistakenly choose the joint ownership (indivision) regime on a poorly understood Cerfa form, the apartment will belong to each of them fifty-fifty (50/50). In the event of a separation, Thomas will recover half of the property's value, effectively depriving Marie of her personal contribution of 80,000 €.
• If they go through a notary: The notary will draft a custom division clause or advise them to remain under the separation of assets regime, specifying the exact origin of the funds in the purchase deed. In the event of a breakup, Marie will recover her entire contribution of 80,000 € before the remaining balance is split.

Example 2: Protection in the Event of Death for Julie and Pierre

Julie and Pierre have been cohabiting (concubinage) for 5 years and have a child. They want to enter into a PACS to protect each other. They own a house valued at 300,000 €.

• If they enter into a PACS at the town hall: They believe they are protected. However, a PACS confers no automatic inheritance rights. If Julie dies, the law designates her child as the sole heir. Pierre has no rights to the house and can be forced by the child's legal representatives to move out.
• If they consult a notary: The notary will explain that a PACS must absolutely be coupled with the drafting of reciprocal wills (testaments croisés - Article 967 of the Code civil) for the surviving partner to inherit. Thanks to the PACS, the survivor will be completely exempt from inheritance tax (0% tax on the inherited share, compared to 60% for unmarried, non-PACS partners). The notary will draft these wills to legally secure their future.

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Mistakes to Avoid When Entering into a PACS

• Believing that a PACS protects you in the event of death: This is the most common and dangerous mistake. Unlike married spouses, PACS partners are considered third parties regarding each other's estate. Without a written will, the surviving partner inherits nothing.
• Using a Cerfa agreement template without understanding the options: Checking the "joint ownership" (indivision) box instead of "separation of assets" (séparation de biens) without measuring the scope of this commitment can lead to deadlocks or financial loss during a separation.
• Neglecting to update the agreement: Your life situation changes (buying a property, birth of a child, starting a business). Failing to modify your PACS agreement to adapt to these changes exposes you to significant legal risks.
• Forgetting the specific rules for foreign partners: A partner of foreign nationality must provide specific documents (such as a certificat de coutume and a certificat de non-engagement) translated by a sworn translator (traducteur assermenté). Plan these steps in advance, as they can take several months, otherwise your file may be rejected at the town hall.

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FAQ: Frequently Asked Questions about the PACS

Can I enter into a PACS at the town hall if I am a foreign national?

Yes, absolutely. A foreigner can enter into a PACS in France if they reside there. However, they must provide specific documents issued by their consulate or embassy: a certificat de non-PACS (issued by the French Ministry of Foreign Affairs), a certificat de coutume (attesting that they are of legal age and single according to the laws of their home country), and a copy of their birth certificate, legalised or apostilled, less than 6 months old.

Can a notary refuse to register our PACS?

A notary can only refuse to execute the deed if the substantive legal conditions are not met (for example, if one of the partners is already married, if there is a prohibited family relationship, or if they observe a lack of free and informed consent from one of the future partners).

How do I modify an already registered PACS?

The modification of a PACS agreement must be registered with the authority that performed the initial registration. If your PACS was registered at the town hall, you must send them a modifying agreement (using the dedicated Cerfa). If it was registered with a notary, that notary (or their successor) must draft and register the modifying deed.

In the event of a separation, is the procedure different depending on the place of registration?

No, the dissolution procedure is identical. A PACS ends either by the marriage of the partners (or one of them), by death, or by a joint or unilateral declaration of intent. The request for dissolution must be sent to the town hall or the notary who registered the initial PACS. If the PACS was registered at a district court (tribunal d'instance) before 2017, the dissolution is now handled by the town hall of the place where the court was located.

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In Summary

• A PACS at the town hall is a completely free procedure (0 €), ideal for couples with no real estate assets, no income disparities, and no complex family situations.
• A PACS with a notary offers tailor-made and highly secure legal guidance for a regulated cost of 121.69 € TTC (excluding consultation fees).
• Asset protection is maximised with a notary thanks to the drafting of an authentic deed and the retention of the agreement for 75 years.
• A PACS gives no automatic inheritance rights: to protect your partner in the event of death, drafting a will with a notary is essential, regardless of where the PACS is registered.
• Waiting times are generally shorter and more flexible with a notary than at a town hall, especially in large metropolitan areas.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.