Civil solidarity pact
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In
From a legal standpoint, a PACS is a contract drawn up between the two individuals, which is stamped and registered by the clerk of the court. In some areas, couples signing a PACS have the option of undergoing a formal ceremony at the
As of 2013, PACS remain available to both same and opposite-sex couples after marriage and adoption rights were made legal for same-sex couples in May 2013.
History
The
The law (Loi n°99-944 du 15 novembre 1999 relative au pacte civil de solidarité
It was to be a marked improvement and alternative over the previous certificat de concubinage notoire, which had minimal rights (and responsibilities) and had been seen as having pejorative overtones. The situation of concubinage only made certain benefits extend to the other partner in a union, and did not settle any issue regarding property, taxes, etc.
Initially, PACS offered the right to file joint income taxes only after three years. As of 2005, all PACS couples are required to file joint taxes, in the same manner as married couples. Due to the way that the progressive tax is applied in France, a couple filing joint income taxes, in almost all cases, pays less tax than they would filing separately if one of the partners earns substantially more than the other.
Wealth tax (the Impôt de solidarité sur la fortune) has been applied to the combined assets of both partners since the introduction of the PACS in 1999.
In 2004, PACS was described in a report to the Garde des Sceaux (minister for justice) as "a new way of conjugality, answering many needs and inscribed in continuity".
In December 2004, the French Government began preparations for expanding the rights granted in PACS. French LGBT groups considered it a tactic for avoiding debate on same-sex marriage.[5]
A parliamentary "Report on the Family and the Rights of Children" was released on 25 January 2006. Although the committee recommended increasing some rights given in PACS in areas such as
Figures
According to the 2004 Demographic Report
266,000 civil marriages took place in 2004, a decline of 5.9% from 2003. However, the report found that the number of couples getting PACS had increased every year except 2001. There was a 29% increase in PACS between 2001 and 2002 and a 25% increase between 2002 and 2003. For the first 9 months of 2004, 27,000 PACS were signed compared to 22,000 in 2003. The report found that one PACS in 10 had been dissolved (less than divorces for couples married for the same period, for which one marriage in three will be dissolved by divorce or separation after the first 3 years during which most signed PACS are dissolved before becoming more stable than marriages).
A parliamentary report released in January 2006 said a total of around 170,000 PACS had been signed.[7]
Year[9] | PACS between same-sex couples |
PACS between opposite-sex couples |
Total PACS | Total marriages between opposite-sex couples |
% same-sex unions |
---|---|---|---|---|---|
2000 | 5,412 | 16,859 | 22,271 | 305,234 | 1.65 |
2001 | 3,323 | 16,306 | 19,629 | 295,720 | 1.05 |
2002 | 3,622 | 21,683 | 25,305 | 286,169 | 1.16 |
2003 | 4,294 | 27,276 | 31,570 | 282,756 | 1.37 |
2004 | 5,023 | 35,057 | 40,080 | 278,439 | 1.58 |
2005 | 4,865 | 55,597 | 60,462 | 283,036 | 1.42 |
2006 | 5,071 | 72,276 | 77,347 | 273,914 | 1.44 |
2007 | 6,221 | 95,778 | 101,999 | 273,669 | 1.66 |
2008 | 8,201 | 137,801 | 146,002 | 265,404 | 1.99 |
2009 | 8,434 | 166,089 | 174,523 | 251,478 | 1.98 |
2010 | 9,143 | 196,415 | 205,558 | 251,654 | 2.00 |
2011 | 7,494 | 144,675 | 152,169 | 236,826 | 1.93 |
2012 | 6,969 | 153,670 | 160,639 | 245,930 | 1.71 |
2013 | 6,054 | 162,072 | 168,126 | 231,225 | 1.52 |
2014 | 6,262 | 167,469 | 173,731 | 230,770 | 1.55 |
2015 | 7,017 | 181,930 | 188,947 | 228,565 | 1.68 |
2016 | 7,112 | 184,425 | 191,537 | 225,612 | 1.70 |
2017 | 221,000 |
New Caledonia and Wallis and Futuna
In April 2009, the
Current trends
Although the law was passed with same-sex couples in mind, the great majority of couples taking advantage have been heterosexual couples who, for one reason or another, choose civil union rather than marriage; moreover, more heterosexual couples are opting for civil union rather than marriage. In fact, this trend was already in place in 2000, with 75% of unions between heterosexual couples (42% the previous years) and 95% in 2009. The process is commonly referred to as se pacser (IPA: [pakse], getting PACSed).[12][13]
See also
- LGBT rights in France
- Recognition of same-sex unions in Europe
- Same-sex marriage in France
- Same-sex unions and military policy – France
References
- ^ Marseille: le pacs bientôt célébré dans les mairies socialistes Archived 2009-05-25 at the Wayback Machine, Tetu, 19 May 2009
- ^ Joelle Godard, "PACS Seven Years On: Is It Moving Towards Marriage", International Journal of Law, Policy and the Family, vol. 21, no. 3, 2007, p. 317
- ^ "LESBIAN/GAY LAW NOTES ISSN 8755-9021 November 1998". Qrd.org. Retrieved 16 December 2014.
- ^ [1] Archived May 9, 2007, at the Wayback Machine
- ^ "France ready to change civil pact". The Washington Times. Retrieved 16 December 2014.
- ^ "Preserve Marriage – Links". Preservemarriage.ca. Archived from the original on 21 August 2006. Retrieved 16 December 2014.
- ^ a b [2] Archived December 21, 2007, at the Wayback Machine
- ^ "Insee – Population – 2004 Demographic report – Net decrease in death rates" (PDF). Insee.fr. Retrieved 16 December 2014.
- ^ "Insee – Population – volution du nombre de mariages et de pacs conclus jusqu'en 2013". Insee.fr. Retrieved 16 December 2014.
- ^ "New Caledonia catches up to France". Starobserver.com. 9 June 2009. Retrieved 16 December 2014.
- ^ "Acceptance with a friendly smile". Starobserver.com. 4 August 2009. Retrieved 16 December 2014.
- ^ "Straight Couples in France Are Choosing Civil Unions Meant for Gays". Washingtonpost.com. Retrieved 16 December 2014.
- ^ Sayare, Scott; Baume, Maïa de la (16 December 2010). "In France, Civil Unions Gain Favor Over Marriage". The New York Times. Retrieved 16 December 2014.