PACS vs. Marriage: The Complete Guide to Choosing the Right Status for Your Couple

Making a commitment is one of the most beautiful decisions in a couple's life. But beyond the emotional aspects, this commitment takes a legal form that has concrete consequences for your daily life and your future. In France, the two main forms of union are marriage and the Civil Solidarity Pact (PACS).

Far from being a mere formality, choosing between these two statuses is an important decision that deserves careful consideration. Which offers the most protection? Which is the most flexible? Which is best suited to your life plan?

This comprehensive guide is here to help you make your choice by simply and objectively comparing the two contracts on all the essential points.

The Great Comparison: Marriage vs. PACS

Let's put aside preconceived notions. Here's what really differentiates the two unions.

1. The Nature of the Commitment

• Marriage: It is an institution, both a contract and a ceremony, that creates family bonds. The partners become "spouses" with mutual duties (fidelity, support, assistance).
• PACS: This is a contract. It organizes the shared life of two "partners" and is often perceived as more modern and flexible. Duties are limited to material aid and mutual assistance.

2. Assets and Taxes

Taxes: In this respect, the two statuses are almost identical. In both cases, you file a joint tax return and constitute a single tax household, which is often advantageous.

Heritage (THE BIG DIFFERENCE):

• Marriage (default): You are under the community of property regime . This means that everything you buy after marriage belongs to you 50/50, even if only one of you paid.
• PACS (by default): You are under the separation of property regime . Each person remains the owner of the property they purchase during the PACS. This is a more individualistic regime.

3. Protection in the Event of Death (THE CRUCIAL POINT)

This is where the difference is most important and least understood.

• Marriage: The surviving spouse is automatically an heir protected by law . He or she inherits part of the estate and can benefit from a survivor's pension (part of the deceased's pension).
• PACS: The PACS partner is NOT a legal heir . If one of the partners dies without having drawn up a will , the survivor receives absolutely NOTHING. Drawing up a will is therefore essential to protect each other in the context of a PACS. In addition, the PACS does not entitle you to a survivor's pension.

4. Children

Today, the rights and responsibilities toward children (parental authority, maintenance obligations, etc.) are the same whether you are married or in a civil partnership. The only difference remains in terms of parentage: for a married couple, the husband is automatically presumed to be the child's father. For a civil partnership, the father must acknowledge paternity.

5. The Separation

• Marriage: Separation involves divorce proceedings . Even by mutual consent, it requires the intervention of lawyers and can be long and expensive.
• PACS: Separation is much simpler. It can be decided by both partners (joint declaration) or even by one (unilateral decision served by bailiff). Dissolution is quick and inexpensive.

Summary Table

Criteria	Marriage	PACS
Heritage (default)	Community of property	Separation of property
Inheritance (default)	The spouse is an heir	The partner is not an heir
Survivor's pension	Yes	No
Separation	Divorce (procedure)	Dissolution (procedure)
Common name	Possible	No

Conclusion: Maximum Protection or Maximum Flexibility?

There is no absolute "best" choice. The best choice is the one that fits your relationship and your priorities.

Marriage remains the status that offers the most complete protection to the spouse, particularly in the event of death.

The PACS offers greater flexibility and simplicity , particularly in the event of separation.

Take the time to discuss these points together. Whatever your decision, it will be the first step in building your shared future.

Now that you have the keys to choosing your status, discover our guides to celebrating each major milestone in your life as a couple .