Is a French Pacs recognised in the UK or US?
The UK and US have differing legal views on French civil partnerships
How does UK and US law view the French Pacs?
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A Pacs (pacte civil de solidarité), a French civil partnership, is a legal status in France, which offers people of all genders aged 18 or over the right to “organise their life in common”.
French civil partnerships have grown in popularity over the past decade. In 2013 there were 168,692 new civil partnerships, by 2021 and 2022 (latest data) there were around 209,000.
In comparison, the number of traditional marriages has remained relatively stable at 240,000 a year.
In terms of social protection, healthcare and tax the systems are effectively the same in France.
Read more: What are the financial advantages of a French civil partnership?
However, civil partners cannot adopt a child together, do not have the same ‘obligation to be faithful’ or the automatic presumption of paternity as a married couple.
The most noticeable difference between a couple that is pacsé and a married couple is perhaps that civil partners cannot take each other’s name.
A Pacs is recognised under UK law, but not under US federal law. Here are the specifics.
Read also: Make sense of.....The French Pacs
Read also: How to get a Pacs in France and what differences to marriage
Pacs in the UK
A French Pacs is recognised as the equivalent of a UK civil partnership.
The UK government website confirms this, stating: “Pacs is the French version of civil partnership and is recognised in the UK.”
If you follow the correct procedures and legal requirements for a Pacs in France, it will be recognised in the UK as a civil partnership.
Similarly, for the Pacs to be officially recognised in the UK, you need to follow all of the required legal steps in France.
You must also show that the Pacs would have been permitted under UK law, had you registered for a UK civil partnership. This includes proving that:
You were aged 18 or over at the time
You were free to register a lawful civil partnership (e.g. not already married or in a civil partnership)
You were not closely related to your partner
You were legally able to be in France (e.g. you held a valid visa or residency card)
You did not register under duress
As in France, people of all genders can form civil partnerships in the UK.
Civil partnerships have some distinct rules to differentiate them from marriage; for example, members of a civil partnership cannot have the ceremony in a religious location or mention any reference to religion in their service.
Read also: Is a French Pacs valid in the UK?
Read also: A brief guide to how marriage and ‘Pacs’ affects finances in France
Pacs in the US
The federal government does not recognise French Pacs, despite several states having similar systems of their own.
California, Connecticut, Washington, D.C., Hawaii, New Jersey, Maine and Vermont all allow civil partnerships, however this does not help French civil partners when applying for visas or filing federal income taxes.
Indeed, if you enter the US with your Pacs partner, you will not be considered as either legal partners for tax purposes or as a married couple under federal law.
