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{{Short description|Form of civil union in France}}
{{Use dmy dates|date=September 2017}}
{{Civil union}}

In [[France]], a '''civil solidarity pact''' ({{langx|fr|pacte civil de solidarité}}), commonly known as a '''''PACS''''' ({{IPA|fr|paks|pron}}), is a [[contractual]] form of [[civil union]] between two adults for organising their joint life. It brings rights and responsibilities, but less so than [[marriage]]. The PACS was voted for by the [[French Parliament]] in October 1999, largely to offer some legal status to same-sex couples.

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 [[city hall]] identical to that of [[civil marriage]].<ref>[http://www.tetu.com/actualites/france/marseille-le-pacs-bientot-celebre-dans-les-mairies-socialistes-14671 Marseille: le pacs bientôt célébré dans les mairies socialistes] {{webarchive|url=https://web.archive.org/web/20090525040740/http://www.tetu.com/actualites/france/marseille-le-pacs-bientot-celebre-dans-les-mairies-socialistes-14671 |date=2009-05-25 }}, Tetu, 19 May 2009</ref> Since 2006, individuals who have registered a PACS are no longer considered ''[[single person|single]]'' in terms of their marital status; their birth records will be amended to show their status as ''[[wikt:pacser|pacsé]]''.<ref>Joelle Godard, [https://archive.today/20120710091325/http://lawfam.oxfordjournals.org/cgi/content/abstract/21/3/310 "PACS Seven Years On: Is It Moving Towards Marriage"], ''International Journal of Law, Policy and the Family'', vol. 21, no. 3, 2007, p. 317</ref>

PACS remain available to both same and opposite-sex couples despite the [[Same-sex marriage in France|introduction of marriage and adoption rights for same-sex couples]] in May 2013.

==History==
The [[National Assembly (France)|French National Assembly]] failed to pass PACS in October 1998.<ref>{{cite web|url=http://www.qrd.org/qrd/usa/legal/lgln/1998/11.98|title=LESBIAN/GAY LAW NOTES ISSN 8755-9021 November 1998|publisher=Qrd.org|accessdate=16 December 2014}}</ref> The law was proposed by the left-of-center government of [[Prime Minister of France|Prime Minister]] [[Lionel Jospin]], and was very vocally opposed by people, mostly on the [[right-wing]], who opposed LGBT rights. Those, such as [[Christine Boutin]] and [[Philippe de Villiers]], argued that PACS and the recognition of homosexual unions would be disastrous for French society. Only one right-wing deputy, [[Roselyne Bachelot]], declared herself in favour of PACS.

The law (''Loi n°99-944 du 15 novembre 1999 relative au pacte civil de solidarité''<ref>[http://www.legislation.cnav.fr/textes/loi/TLR-LOI_99944_15111999.htm "Loi n° 99/944 du 15 novembre 1999 relative au pacte civil de solidarité"]. {{webarchive|url=https://web.archive.org/web/20070509105706/http://www.legislation.cnav.fr/textes/loi/TLR-LOI_99944_15111999.htm|date=May 9, 2007}}. legislation.cnav.fr. (In French)</ref>) was voted by the [[French Parliament]] in November 1999 following some controversy. The debate is remembered for a few incidents, such as when [[Christine Boutin]] attempted to [[filibuster]] the bill by speaking for five hours in the [[French National Assembly]], and at some point waved a Christian [[Bible]] in the direction of the speaker of the Assembly&mdash;a surprising gesture in a country where ''[[laïcité]]'' (implying no intervention of religion into political matters) is specified in the [[Constitution of France|Constitution]]. Christine Boutin also said, "All civilizations that recognized and justified [[homosexuality]] as a normal lifestyle met decadence." Anti-PACS proponents also staged a series of street [[protest]]s, but the turnout, by their own admission, was disappointingly low. At its creation, [[Jacques Chirac]] described PACS as "not adapted to the needs of families". However, most initial opponents now widely accept the PACS (including Jacques Chirac and Christine Boutin, who publicly changed their minds).

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 tax]]es 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.

[[Solidarity tax on wealth|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".
{{Same-sex marriage map Europe|align=right|size=upright=1}}
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]].<ref>{{cite web|url=http://www.washingtontimes.com/world/20041211-105201-5386r.htm|title=France ready to change civil pact|work=The Washington Times|accessdate=16 December 2014}}</ref>

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 [[property rights]], laws of succession and taxation, it recommended maintaining prohibitions against marriage, [[gay adoption|adoption]], and access to [[Artificial insemination|medically assisted reproduction]] for same-sex couples. Because of this, left-wing members of the committee rejected the report.<ref>{{cite web|url=http://www.preservemarriage.ca/eng/links.htm#FRANCE-REPORT|title=Preserve Marriage – Links|publisher=Preservemarriage.ca|accessdate=16 December 2014|archive-url=https://web.archive.org/web/20060821004753/http://www.preservemarriage.ca/eng/links.htm#FRANCE-REPORT|archive-date=21 August 2006|url-status=dead}}</ref><ref name="autogenerated1">{{Cite web |last=CBSNews |title=CBS News {{!}} Amour Rules in France but Weddings Don't |url=http://www.cbsnews.com/stories/2006/01/27/ap/world/mainD8FD93I86.shtml |archive-url=http://web.archive.org/web/20090427013648/http://www.cbsnews.com:80/stories/2006/01/27/ap/world/mainD8FD93I86.shtml |archive-date=2009-04-27 |access-date= |website=www.cbsnews.com}}</ref>
The report also argued that the differences in rights between concubinage, PACS and marriage reflect different levels of commitment and obligations on the part of the couples who enter into them. The committee renewed its support for this tiered system and recommended that the various rights and obligations of each type of union be clearly explained to couples when they register for  a PACS, marry, or have a child.

==Figures==
[[File:Mariages et pacs de 2008 à 2018.svg|thumb|PACS (blue) and marriage (red) in France ([[INSEE]])]]
According to the 2004 Demographic Report<ref>{{cite web|url=http://www.insee.fr/en/ffc/ficdoc_frame.asp?doc_id=1358&analyse=1&path=/fr/ffc/docs_ffc/IP1004.pdf|title=Insee – Population – 2004 Demographic report – Net decrease in death rates|publisher=Insee.fr|accessdate=16 December 2014}}</ref> by the National Institute of Statistics and Economic Studies ([[Insee]]), the number of marriages in France had fallen each year since 2000.

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). <!-- NB: The previous sentence is unclear and needs supporting evidence. If you have it, please revise accordingly. The CBSnews article referred to in Note 6 does not seem to exist. -->

A parliamentary report released in January 2006 said a total of around 170,000 PACS had been signed.<ref name=autogenerated1 />
{| class="wikitable"
|- style="text-align:right;"
!Year<ref>{{cite web|url=http://www.insee.fr/fr/themes/tableau.asp?reg_id=0&ref_id=NATTEF02327|title=Insee – Population – volution du nombre de mariages et de pacs conclus jusqu'en 2013|publisher=Insee.fr|accessdate=16 December 2014}}</ref>|| PACS between<br> same-sex couples|| PACS between<br> opposite-sex couples|| Total PACS || Total marriages between<br> opposite-sex couples || % same-sex unions
|- style="text-align:right;" 
| '''2000''' || 5,412 || 16,859 || 22,271 || 305,234 || 1.65
|- style="text-align:right;" 
| '''2001''' || 3,323 || 16,306 || 19,629 || 295,720 || 1.05
|- style="text-align:right;" 
| '''2002''' || 3,622 || 21,683 || 25,305 || 286,169 || 1.16
|- style="text-align:right;" 
| '''2003''' || 4,294 || 27,276 || 31,570 || 282,756 || 1.37
|- style="text-align:right;" 
| '''2004''' || 5,023 || 35,057 || 40,080 || 278,439 || 1.58
|- style="text-align:right;" 
| '''2005''' || 4,865 || 55,597 || 60,462 || 283,036 || 1.42
|- style="text-align:right;" 
| '''2006''' || 5,071 || 72,276 || 77,347 || 273,914 || 1.44
|- style="text-align:right;" 
| '''2007''' || 6,221 || 95,778 || 101,999 || 273,669 || 1.66
|- style="text-align:right;" 
| '''2008''' || 8,201 || 137,801 || 146,002 || 265,404 || 1.99
|- style="text-align:right;" 
| '''2009''' || 8,434 || 166,089 || 174,523 || 251,478 || 1.98
|- style="text-align:right;" 
| '''2010''' || 9,143 || 196,415 || 205,558 || 251,654 || 2.00
|- style="text-align:right;" 
| '''2011''' || 7,494 || 144,675 || 152,169 || 236,826 || 1.93
|- style="text-align:right;" 
| '''2012''' || 6,969 || 153,670 || 160,639 || 245,930 || 1.71
|- style="text-align:right;" 
| '''2013''' || 6,054 || 162,072 || 168,126 || 231,225 || 1.52
|- style="text-align:right;" 
| '''2014''' || 6,262 || 167,469 || 173,731 || 230,770 || 1.55
|- style="text-align:right;" 
| '''2015''' || 7,017 || 181,930 || 188,947 || 	228,565 || 1.68
|- style="text-align:right;" 
| '''2016''' || 7,112 || 184,425 || 191,537 || 225,612 || 1.70
|- style="text-align:right;" 
| '''2017''' ||       ||         ||         || 221,000 ||
|}

==New Caledonia and Wallis and Futuna==
In April 2009, the [[French National Assembly]] voted to approve the extension of PACS to two [[Overseas collectivity|French overseas collectivities]]: [[New Caledonia]] and [[Wallis and Futuna]]. Thus, couples in New Caledonia and Wallis and Futuna are able to enter a PACS in the same way as couples in [[Metropolitan France]]. Given their autonomous status, these collectivities did not automatically begin performing PACS when they were introduced in [[Metropolitan France]] in 1999.<ref>{{cite web|url=http://www.starobserver.com.au/soap-box/2009/06/09/new-caledonia-catches-up-to-france/13739|title=New Caledonia catches up to France|date=9 June 2009 |publisher=Starobserver.com|accessdate=16 December 2014}}</ref> [[French Polynesia]] is the only collectivity where PACS cannot be performed.<ref>{{cite web|url=http://www.starobserver.com.au/soap-box/2009/08/04/acceptance-with-a-friendly-smile/14901|title=Acceptance with a friendly smile|date=4 August 2009 |publisher=Starobserver.com|accessdate=16 December 2014}}</ref>

==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 ''[[wikt:fr:pacser|se pacser]]'' ({{IPA|fr|pakse|IPA}}, ''getting PACSed'').<ref>{{cite web|url=https://www.washingtonpost.com/wp-dyn/content/article/2009/02/13/AR2009021303365.html|title=Straight Couples in France Are Choosing Civil Unions Meant for Gays|work=Washingtonpost.com|accessdate=16 December 2014}}</ref><ref>{{cite news|url=https://www.nytimes.com/2010/12/16/world/europe/16france.html?pagewanted=1&_r=2&hp#|title=In France, Civil Unions Gain Favor Over Marriage|work=[[The New York Times]]|date=16 December 2010 |accessdate=16 December 2014|last1=Sayare |first1=Scott |last2=Baume |first2=Maïa de la }}</ref>

==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|Same-sex unions and military policy – France]]

==References==
{{Reflist|colwidth=30em}}

==External links==
* {{in lang|fr}} [http://www.legifrance.gouv.fr/texteconsolide/AREBT.htm Text of the law]
*[http://www.washingtontimes.com/world/20041211-105201-5386r.htm Washington Times article: "France ready to change civil pact" (Dec. 2004)]

{{LGBT in France}}
{{Recognition of same-sex unions in Europe}}

{{DEFAULTSORT:Pacte Civil De Solidarite}}
[[Category:1999 in LGBTQ history|Civil solidarity pact]]
[[Category:LGBTQ rights in France|Civil solidarity pact]]
[[Category:Civil unions and partnerships by country|Civil solidarity pact]]
[[Category:Marriage, unions and partnerships in France]]