Marrying in France: PACS is for Love and Marriage is for Life-long Commitment

France offers two options for same-sex and heterosexual couples who wish to have their relationship legally recognized in the country and organize a joint life: the PACS (Pacte Civil de Solidarité) and marriage.

PACS is a legal status carrying some but not all of the benefits of marriage that are available for both same and opposite-sex couples. Marriage, on the other hand, well… you already know what it is, except perhaps that in France (fortunately), same-sex marriage has been legal since 18 May 2013.

If you came to this page, chances are you are interested to know more about the difference between PACS and marriage.

Below is a table that shows the difference between PACS and full marriage in France (note: please take the information below indicatively and ensure you research more before making a decision on what is best for you):

What’s the Difference Between PACS and Full Marriage?

Impact	PACS	Marriage
Visa and Resident Permit for Foreign Partners	Becoming part of a PACS partnership does not ensure the right to live in France. The foreign spouse will still need a Carte de Séjour to legally stay in the country. However, PACS partners are eligible to apply for the Private or Family Life Visa (Visa Vie Privée et Familiale), though, which can allow for stay and work in France. According to the experience of others, requesting a change in status due to PACS towards a resident permit or Carte de Sejour – Vie Privee et Familiale is not guaranteed.	Being married to a French national ensures the right to live in France. Married partners are eligible to apply for the Private or Family Life Visa (Visa Vie Privée et Familiale), though, which can allow for stay and work in France. According to the experience of others, requesting a change in status due to marriage towards a resident permit or Carte de Sejour – Vie Privee et Familiale is a right and guaranteed.
International Recognition	PACS is not legally recognized as an official union in many countries.	Marriage is recognized internationally. For same-sex married couples, marriage is recognized in countries that allow it.
Joint Life and Obligations	Spouses and partners commit to living together. They provide material aid and reciprocal assistance in the event of difficulties.	Spouses and partners commit to living together. They provide material aid and reciprocal assistance in the event of difficulties. Marriage imposes a duty of fidelity.
Name Usage	The PACS does not have any impact on the name of either spouse.	Each spouse may bear, by way of custom, the surname of his or her spouse.
Filiation	There is no presumption of paternity with regard to the mother’s partner: he must recognize the child to establish his paternal affiliation. The partners do not have the possibility of jointly resorting to adoption.	There is a presumption of paternity: a child conceived or born during a marriage is presumed to have the mother’s husband as a father. The couple can adopt together. Either spouse can adopt their spouse’s child.
Nationality	The PACS has no effect on nationality.	Marriage has no immediate effect on nationality. The foreign spouse can acquire French nationality by declaration, under certain conditions: 1. Length of marriage at least 4 years 2. Marriage must be recognized by French authorities in France or abroad 3. No expulsion order or prohibition of French territory is currently in force. 4. Continuity of common life with the spouse since the day of marriage: living together materially and emotionally. 5. Knowledge of the French language (B1-level). 6. No criminal conviction.
Patrimony	If they have not concluded a specific PACS agreement, the assets of the partners are subject to the regime of separation of property: each partner remains the owner of the property he acquired before and during the Pacs. The partners can enter into a specific PACS agreement and choose to subject the assets they acquire together or separately to joint ownership.	If they have not explicitly chosen their matrimonial regime, the property of the spouses falls under the regime of community reduced to acquests: property that a spouse owned before the marriage belongs to him. Property acquired during the marriage, income related to the property of a spouse (rent, for example), and earnings and wages are common. The spouses can choose a marriage contract among the various existing regimes: separation of property, universal community, participation in acquests…
Bills and Debts	The spouses and partners contribute to the expenses related to the marriage and the PACS. They are jointly and severally liable with regard to third parties for debts contracted for the needs of everyday life, with the exception of certain purchases on credit, loans, and manifestly excessive expenses.	The spouses and partners contribute to the expenses related to the marriage and the PACS. They are jointly and severally liable with regard to third parties for debts contracted for the needs of everyday life, with the exception of certain purchases on credit, loans, and manifestly excessive expenses. Marriage includes debts incurred for the education of children.
Fiscality	Spouses and partners make a joint declaration for income tax: they can opt for separate taxation in the year of the conclusion of the marriage or PACS. They are jointly and severally liable for the payment of the housing tax when they live under the same roof.	Spouses and partners make a joint declaration for income tax: they can opt for separate taxation in the year of the conclusion of the marriage or PACS. They are jointly and severally liable for the payment of the housing tax when they live under the same roof.
Work	The spouse or partner of an entrepreneur can obtain the status of collaborator, employee, or partner. The conclusion of a marriage or a Pacs, the death of one of the spouses or partners, opens the right to paid leave. Provisions are made for civil servants separated for professional reasons.	The spouse or partner of an entrepreneur can obtain the status of collaborator, employee, or partner. The conclusion of a marriage or a Pacs, the death of one of the spouses or partners, opens the right to paid leave. Provisions are made for civil servants separated for professional reasons.
Social Rights	A spouse or partner who cannot benefit from the quality of social security has the right to be affiliated with the social security of his spouse or partner. The spouse or partner benefits in priority and without any conditions from the death capital of his spouse or partner due under the general social security scheme. Marriage, like PACS, changes the income base: income is combined to calculate rights to social and family benefits.	A spouse or partner who cannot benefit from the quality of social security has the right to be affiliated with the social security of his spouse or partner. The spouse or partner benefits in priority and without any conditions from the death capital of his spouse or partner due under the general social security scheme. Marriage, like PACS, changes the income base: income is combined to calculate rights to social and family benefits.
Housing	The partner is deemed to be co-holder of the lease on the family home only if the partners make the request together.	The spouse is deemed to be co-holder of the lease on the family home, regardless of the matrimonial regime chosen and even if the lease was concluded before the marriage.
Crisis Situation	Each partner can represent his partner by means of a mandate. The partner can ask the judge to open a protective measure for his partner and is given priority as guardian, curator or authorized person.	Each spouse can represent their spouse by means of a power of attorney. In a crisis situation, the judge may authorize a spouse to carry out alone an act for which the consent of his spouse would be necessary if the latter is unable to express his will. The spouse can ask the judge to open a protective measure for their spouse and is given priority as guardian, curator, or authorized person.
Relationship Breakup	The marriage of the partners between themselves or of one of them with a third party, the unilateral or joint rupture, or the death of a partner, puts an end to the PACS. The rights and obligations resulting from the PACS are liquidated. The PACS does not provide for a compensatory allowance.	Divorce or the death of a spouse ends the marriage. Divorce can be amicable (spouses agree on the principle and effects of divorce) or contentious (disagree on the principle and/or effects of divorce). The rights and obligations resulting from the marriage are liquidated. A former spouse may be required to pay a benefit to compensate for the disparity in living conditions created by the divorce.
Death	The PACS does not allow to benefit from inheritance rights: only a will gives the possibility to the surviving partner to inherit. The surviving spouse and partner are exempt from inheritance tax, up to a ceiling. Donations made during the marriage and PACS remain taxable, after deduction. The spouse benefits from a survivor’s pension. The spouse and partner can be designated as beneficiaries of life insurance and be exempt from transfer duties. The partner is entitled, if he is not a signatory of the initial lease, to the transfer of the right to the lease.	For marriage, the spouse benefits from inheritance rights. The surviving spouse and partner are exempt from inheritance tax, up to a ceiling. Donations made during the marriage and PACS remain taxable, after deduction. The spouse benefits from a survivor’s pension. The spouse and partner can be designated as beneficiaries of life insurance and be exempt from transfer duties. The partner is entitled, if he is not a signatory of the initial lease, to the transfer of the right to the lease.
Publicity	Marriage and PACS are mentioned in the margin of the birth certificate of each spouse or partner if they have a French birth certificate.	Marriage and PACS are mentioned in the margin of the birth certificate of each spouse or partner if they have a French birth certificate. A marriage certificate is established at the end of the celebration of the marriage.