Busting cohabitation myths across 6 jurisdictions
By Teresa Cullen, partner at Fladgate, 19 Apr 18
In the UK, many couples mistakenly believe that they acquire similar rights to a married couple after living with their partner after a fixed period of time has elapsed. In an attempt to bust cohabitation myths, Teresa Cullen, partner at international law firm Fladgate, looks at what rights unmarried couples have in several jurisdictions.
In France, the legal system supports cohabiting couples by way of its Pacte Civil de Solidarité (Pacs).
Enacted in 1999, Pacs was first introduced as a way for the French Government to recognise same-sex relationships. Over time, this recognition evolved to include any two-people cohabiting. In fact, in 2012, 94% of all Pacs were between opposite-sex couples.
Those who enter into a Pacs union enjoy legal protection in terms of tax, social security and inheritance but how the couple chooses to divide their property is up to them. It is also important to note that the equivalent of spousal support is not a legal requirement under such unions.
While the rights of couples who choose a Pacs union are protected under French law, the legal rights of unmarried couples living together en union libre (unofficially) and en concubinage (officially) are less so.
While those living en concubinage enjoy the same social security privileges as married couples, a major downside is that French inheritance laws do not recognise concubinage, leaving the surviving partner of such a union in a potentially precarious financial situation.
