|
|
Getting Married in France
Topic has 12 replies.
  
|
|
Sort Posts:
|
|
|
|
 03/04/2008, 14:16
|
Cat
 
Joined on 21/01/2005
------- Forum Moderator ------- Lot
Posts 3,197
|
|
|
|
Now that the inheritance laws have changed to allow those in a French PACS (Pacte Civil de Solidarité) agreements in France to benefit from usufruct (the lifelong right to occupy, or benefit from rental income of, a property for a surviving spouse) without having to pay inheritance tax, the PACS agreement might be of interest to unmarried couples living together under the same roof. Couples who have entered into a PACS agreement are also able, starting from 3 years after the agreement, to make a joint French tax declaration, and so benefit from the tax breaks afforded to a couple.
As others have posted questions in the past about getting PACSd in France, and as I'm about to enter into a PACS agreement myself, I thought it might be useful for others if I listed the paperwork, and procedure, involved.
For anyone born outside of France, the Ministére de la Justice needs;
an identity paper mentioning your town of birth
a birth certificate, translated by an authorised translator.
Both parties also need to supply sworn statements, and supporting paperwork, proving that they live under the same roof. Joint bank accounts, utility bills etc are accepted as proof.
The British Embassy in Paris has this to say http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1139993204041
That may sound simple, but in practice, is slightly more involved than it seems. For one thing, the paperwork needed varies slightly depending on the Tribunal d'Instance involved. For most of us born outside France it means that what is actually needed is usually a Certificate de Coutume, which can be obtained from the British Embassy in Paris, using this form . To apply for this, one needs to provide a full British birth certificate (the long version, which can be applied for here ) a divorce decree for those previously married and divorced, or a death certificate for widows/ers, and of course a fee.
If one of the parties entering into PACS agreement is French, they will need to obtain a Certificate de Non Pacte Civil de Solidarité, available from their town of birth. The application form and details can be found here . Often, but not always, your notaire will be happy to apply for this and forward the paperwork for a French applicant.
Once I am further into this I will post any additional information.
Cathy
Sun, sun, sun, here it comes...
|
|
|
|
|
Report
|
|
|
|
|
06/04/2008, 19:08
|
Jura
Joined on 28/11/2005
Posts 797
|
Re: Getting PACSd in France
|
|
|
|
|
|
Just a question that has always made me curious...why does a birth certificate need to be translated? they are pretty straightforward. Name of person, date/place of birth, name of parents. One does not even need a dictionary to work these things out.
|
|
|
|
|
Report
|
|
|
|
|
06/04/2008, 19:16
|
Clair
Joined on 23/08/2004
------- Forum Moderator ------- Lot (46)
Posts 7,252
|
Re: Getting PACSd in France
|
|
|
|
|
|
 Jura wrote: | | ...why does a birth certificate need to be translated? they are pretty straightforward. Name of person, date/place of birth, name of parents. One does not even need a dictionary to work these things out. |
|
So simple really! Every French civil servant should know that! ![Smile [:)]](/cs/images/emotions/smile.gif)
이름은 사람, 날짜 / 출생지, 부모의 이름
Naam van de persoon, datum en plaats van geboorte, de naam van de ouders
Ονομα του προσωπου, ημερομηνια / τοπος γεννησης, το ονομα των γονεων
Nome da pessoa, data e local de nascimento, nome dos pais
Имя лица, дата и место рождения, фамилия родителей
Nombre de la persona, fecha y lugar de nacimiento, nombre de los padres
人员姓名，日期/出生地点，姓名的家长
Clair, a Real Virtual French Person
|
|
|
|
|
Report
|
|
|
|
|
06/04/2008, 20:21
|
Russethouse
Joined on 23/08/2004
Forum Moderator
Posts 9,942
|
Re: Getting PACSd in France
|
|
|
|
|
|
|
|
|
06/04/2008, 20:25
|
Clair
Joined on 23/08/2004
------- Forum Moderator ------- Lot (46)
Posts 7,252
|
Re: Getting PACSd in France
|
|
|
|
|
|
Is there a list?
Clair, a Real Virtual French Person
|
|
|
|
|
Report
|
|
|
|
|
07/04/2008, 9:14
|
samdebretagne
Joined on 19/07/2006
Posts 187
|
Re: Getting PACSd in France
|
|
|
|
|
|
Just a few corrections - the law re: declaring taxes together actually changed back in 2005 I believe, and you can now declare your taxes together straight away. For example, if you get pacsed in April, you will each need to complete a separate declaration for Jan-April, and then a common one for the rest of the year.
And the other thing is that both partners need to have the certificat de non-PACS, not just the French one.
|
|
|
|
|
Report
|
|
|
|
|
07/04/2008, 9:35
|
Ron Avery
Joined on 29/11/2004
Aveyron 12
Posts 3,290
|
Re: Getting PACSd in France
|
|
|
|
|
|
|
and a question..............cat wrote "Now that the inheritance laws have changed to allow those in a French PACS (Pacte Civil de Solidarité) agreements in France to benefit from usufruct (the lifelong right to occupy, or benefit from rental income of, a property for a surviving spouse) without having to pay inheritance tax",
How come the survivor of a marriage has to pay inheritance tax if the value of the transfer is above 70,000€ then?
Why not post a sensible answer, people will appreciate it more
|
|
|
|
|
Report
|
|
|
|
|
07/04/2008, 10:35
|
Cat
Joined on 21/01/2005
------- Forum Moderator ------- Lot
Posts 3,197
|
Re: Getting PACSd in France
|
|
|
|
|
|
|
I know it depends on the figures involved Ron, the age of the surviving partner and the value of the property. The tax free limit ifor lifetime gifts is 76,000€ for both married and PACSd couples.
For a surviving spouse, at the age of 70, with a house value of 250.000€, the calculated value of the property in lifetime gift terms would be 30% (75,000€) so no inheritance tax to pay.
Of course, if the house were worth 500,000€ and the surviving spouse aged only 45, things would be significantly different, for both married and PACSd survivors.
I should have said... Now that the inheritance laws have changed to allow those in a French PACS (Pacte Civil de Solidarité) agreements in France to benefit from usufruct (the lifelong right to occupy, or benefit from rental income of, a property for a surviving spouse) without having to pay any more inheritance tax than a married couple would pay.
As for the need for a certificat de non pacte for both parties, that's news to me as I thought that the Certificat de Coutume was the equivalent for a Brit, as it has to be applied for from the British Embassy. Perhaps though it is the proof needed to apply for the certificate de non pacte. I haven't got that far yet as I'm still awaiting delivery the long version of my birth certificate.
Being able to do joint tax returns sooner than 3 years after the PACS is good news though, thanks for passing that on.
And ladies, I haven't even started to think about hats and presies yet ![Blush [:$]](/cs/images/emotions/blush.gif)
Cathy
Sun, sun, sun, here it comes...
|
|
|
|
|
Report
|
|
|
|
|
12/04/2008, 17:40
|
jon
Joined on 10/04/2008
Posts 5
|
Re: Getting PACSd in France
|
|
|
|
|
|
|
May I add that the birth certificate must have been issued within the last six months[bazaar]
And you have to attend a court.,,,to obtain the pacs.
My notaire forgot to mention the bank account details and the bills as proof of joint accounts.....
He has not been doing his job very well...actually.....the proof in the form of bills etc.....is important!
|
|
|
|
|
Report
|
|
|
|
|
|
Page 1 of 2 (13 items)
|
1 2 > |
|
|
|
France Forum » Leisure and Pas... » Getting Married... » Re: Getting PACSd in France
|
|
|
|