Yes !

As the dissolution of a PACS is less formal than the marriage, one partner can dissolve the PACS without getting the prior agreement of the other.

Yes!

Both partners can mutually agree to dissolve the PACS.

Yes!

If a partner is getting married either to the other partner or someone else, the PACS is considered as dissolved.

Yes!

The death of one of the partners is a cause for the dissolution of the PACS within the meaning of Article 515-7 of the Civil Code.

The dissolution of the PACS is automatic, and there are no steps to be taken further.

A civil partnership is a legally recognised relationship between two individuals that provides legal rights and responsibilities like marriage. However, the specific details of civil partnerships can vary by country. Here’s an overview of civil partnerships in the UK and the USA:

1. United Kingdom (UK):

In the UK, a civil partnership is a legal arrangement available to both same-sex and opposite-sex couples. It was initially introduced in 2004 as a way to provide legal recognition and protections to same-sex couples before same-sex marriage became legal. In 2014, the law was changed to allow opposite-sex couples to enter into civil partnerships as well.

Key points about civil partnerships in the UK:

• They offer legal recognition, financial and property rights, and responsibilities similar to marriage.
• Civil partnership ceremonies are available but are usually easier and more secular than traditional wedding ceremonies.
• Dissolving a civil partnership in the UK involves a formal legal process, similar to divorce, and addresses property and financial matters.

2. United States (USA):

In the United States, civil partnerships or domestic partnerships are not as widely recognized or standardised as they are in the UK. Marriage laws are primarily regulated at the state level, and not all states have established legal provisions for civil partnerships.

Some states, like California and Oregon, have domestic partnership laws that provide legal rights and protections to unmarried couples, including same-sex couples. These rights may include healthcare and visitation rights, inheritance, and more.

In some states, same-sex marriage is legal, making civil partnerships less relevant for same-sex couples. However, laws vary from state to state, and the legal landscape can change.

It’s essential to consult the specific laws and regulations of the state or country in question for the most up-to-date information on civil partnerships. Laws can change over time, and the legal rights and responsibilities associated with civil partnerships can vary widely depending on your location.

The written declaration of termination or the PACS dissolution agreement must be registered at the town hall (mairie) where the initial PACS was registered.- this includes the civil registrar, notary, consular agent, or diplomatic agent.

In the case of a partner’s death, the dissolution of the PACS becomes effective at the date of the partner’s death.

After registration, the town hall will notify the partners about the dissolution.

The PACS is considered officially dissolved three months after the registration date at the town hall, unless the partners specify a later date in the termination agreement.

The town hall will also inform the partners about any other administrative authorities that need to be informed about the dissolution, such as tax people or social services.

Updating Records: The names of the former partners are removed from each other’s birth certificates.

If there are property and financial matters that need to be solved, they should be handled according to the terms outlined in the dissolution agreement or between both partners.

In case of disagreement, the family law judge must be ceased.

No!

Spousal maintenance is only divorce-based.

If your partner owes you money, they have to pay you back when legal services serve you the final order.

In case of separation, whether it’s a divorce, dissolution of a civil partnership (PACS), or the end of cohabitation, arrangements regarding minor children need to be considered. This involves addressing issues related to visitation rights, accommodation, and child maintenance.

It’s advisable to prioritize an amicable approach to resolve the children’s situation. In case of ongoing disagreements, parents can seek intervention from the Family Court judge.

No!

If there is no will, the surviving partner can’t inherit.

When you are in a civil partnership, you will need to address the division of money and assets. This typically involves determining how financial matters, including property, savings, debts, and other assets, will be divided between you and your partner. It’s essential to consider the following key aspects:

• Financial Agreement: If you and your partner can reach an amicable financial agreement, you can decide how to divide your assets and debts without the need for court intervention. This agreement should be legally documented, typically in a financial order or a consent order.
• Seeking Legal Advice: It’s highly advisable to consult with a family law lawyer who specializes in civil partnership dissolution. They can provide guidance on how to navigate financial settlements, including considering the division of assets, maintenance, and any other relevant financial matters.
• Mediation: If you and your partner are struggling to reach a financial agreement, you may consider mediation. A trained mediator can help facilitate discussions and reach a resolution without the need for court proceedings.
• Court Proceedings: If an agreement cannot be reached through negotiation or mediation, you may need to initiate court proceedings for the court to make a financial order. The court will consider various factors, including the financial needs and contributions of each partner, as well as the welfare of any children involved.
• Child Maintenance: if you have children together, child maintenance should be considered. The court can determine child maintenance amounts and schedules if necessary.
• Property Division: When it comes to property, it’s important to determine whether to sell the property and divide the proceeds or whether one partner will buy out the other’s share. Property ownership, contributions, and future housing needs are factors that the court considers.
• Debts: Debts incurred during the civil partnership may also need to be divided. These can include loans, credit card debts, and mortgages.
• Pensions: Consider the division of pension assets, as pensions accumulated during the civil partnership are typically considered shared assets.

It’s crucial to keep in mind that each situation is unique, and the approach to dividing money and assets during a civil partnership separation can vary significantly based on individual circumstances. Seeking professional legal advice and guidance is highly recommended to ensure that your rights and responsibilities are protected and that the process is carried out in a legally sound and fair manner.