The French PACS and its Status in England and Wales

In accordance with the Civil Partnership Act 2004, a PACS is recognised in the UK as a civil partnership. The status of a civil partnership under English law extends far beyond that of a PACS in France and is, in effect, akin to marriage. A couple who entered into a PACS in France to regulate only some of their financial affairs may therefore find, on relocating to the UK, that there are significantly wider implications for them.

What would be the position for a separating PACS couple under English law?

If you and your PACS partner were to separate while living in England and Wales, it would be possible for dissolution proceedings to be brought here. This would then mean that the law in relation to financial provision on the dissolution of a civil partnership would apply. There is wide discretion as to the financial relief for civil partners, which corresponds to the relief available to married couples. This can include claims against property, pensions and in respect of ongoing maintenance.

As is the case with married couples, an agreement entered into at the time of the PACS setting out how your finances are to be treated on separation would be a relevant consideration on the dissolution of the partnership. However, the courts are not automatically bound by such an agreement and, in particular, if the division of finances set out in a PACS agreement did not enable needs to be met, the courts are likely to depart from the terms of the agreement.

Practical steps to take if you have a PACS and move to the UK

We would strongly recommend that you consider entering into a post-partnership agreement, setting out how you would wish your finances to be regulated in the event of separation. This will enable any PACS agreement to, in effect, be converted into an agreement which is compliant with the principles set out in the English and Welsh Supreme Court decision of Radmacher v Granatino and therefore stands the best chance of being upheld by the English and Welsh courts.

In the event of separation, we would recommend that you seek early advice from both English and French lawyers to establish your legal position in each jurisdiction.