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France - Common-law-relations hip

(10 Posts)
Jaxjacky Mon 21-Mar-22 19:53:51

The situation in France can be particularly complex regarding inheritance, worth checking if and when.

Cabbie21 Mon 21-Mar-22 19:29:40

Espee, I do agree. In England at least, marriage gives rights, protections and obligations, which a co-habiting couple does not have and some people do not realise this. It takes more effort to put things in place than to have a simple wedding.

Cabbie21 Mon 21-Mar-22 19:24:24

www.notaires.fr/en/couple-family/civil-union-solidarity-civil-pact-pacs
This is the PACS I referred to above.

So there are apparently three different types of arrangement, plus marriage, in France. Your niece needs to be very sure about which one she is in, and what it means.

Newatthis Mon 21-Mar-22 17:04:16

There is some information on this site :
www.notaires.fr/en/couple-family/cohabitation-or-common-law-marriage

French inheritance laws are very complex so she would be wise to seek legal advice I think.

MerylStreep Mon 21-Mar-22 14:04:10

Esspee
Nothing wrong with marriage. I was married for 10 years but when I met my present partner I didn’t feel the need or want it.
42 gloriously happy years.

Esspee Mon 21-Mar-22 13:58:31

Thank you so much everyone.

I must be very old fashioned because my attitude is “what’s wrong with marriage?”

I will however keep my views to myself

FlexibleFriend Mon 21-Mar-22 13:50:46

What is a common law marriage certificate?
The common law marriage certificate is issued free of charge by some town halls, is not a contract and has a very relative legal value but can, if need be, certify since it only attests to the situation of the cohabiting partners.

One asks the common law marriage partners, in case of a common law marriage certificate, and it is given after showing the proof of identity, and receipts or invoices in both names. The town hall can refuse to establish it.

Common law partners can write a declaration of honor to justify their cohabitation status.

What is the common law marriage convention?
Unlike the cohabitation certificate, The common law marriage agreement is a contract whose content is free and whose main aim is to organize life together. However, it is much less of interest compared to a marriage contract or a civil union.

To put it straight, it mainly allows you to carry out an inventory of goods, mostly furniture, of which each is the owner but also their future, the event if the couple were to split and plan the daily functioning of their couple (example: participation in the expenses of community life) but also the methods of dividing the goods in the event of rupture.

But, on the other hand, it does not in any way help organize the ownership of the goods generally, which will be acquired during common law marriage (they will be personally liable to the one who buys them or undivided if the two cohabiting partners were to act together, during an acquisition). Nor does it allow the imposition of personal obligations

Cabbie21 Mon 21-Mar-22 13:33:00

I was unable to access the NY Times article, but yes, in France a couple( male and female or both of the same sex) can enter into a civil contract known as PACS. This gives rights in law concerning inheritance, taxation, property etc. I am not up to date on the precise details, but as far as I know, a couple who are Pacsé will have more or less the same rights as a married couple in many respects. They don't get them automatically by living together: there has to be an official arrangement. It is not new. Look up PACS for more information.

FlexibleFriend Mon 21-Mar-22 13:16:04

www.nytimes.com/1999/10/14/world/france-gives-legal-status-to-unmarried-couples.html

Esspee Mon 21-Mar-22 08:16:31

I was wondering if any gran could enlighten me about whether in France a Common-law-relationship has any legal standing/protection.
My niece brought her French boyfriend to visit last month. She was doing the rounds of the family and we all suspected that an engagement announcement was in the offing. Lovely couple.
Yesterday we were informed that they are now officially in a Common-law-relationship. We have of course congratulated them but I have no idea what for.
In Scotland, although many unmarried people believe they are in a “Common-law-relationship” when something happens eg. a death they find out there is no such thing and living together, no matter for how long has absolutely no protection in law.

I would appreciate it if anyone could enlighten me, not out of nosiness - if she lived in Scotland I would be giving her advice.

Is Common-law-relationship a legal term in France and what does it mean?