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The consequences of civil partnership laws on the French PACS and other overseas relationships

© Copyright LexisNexis 2024. All rights reserved.
Date:15 JUL 2024
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Claire Wood Kingsley Napley (London)
Frances Goldsmith Libra Avocats (Paris)

 

In this article Claire Wood (England) and Frances Goldsmith (France) consider the changes made to the Civil Partnership Act in 2019 which mean that certain overseas relationships including the French Pacte Civil de Solidarité (PACS) are now recognised under English law as a civil partnership.  This article explains what a PACS is and the effect under French law on the civil status of the partners including property and financial consequences.  The legal regime in France is compared with the English position on dissolution of a civil partnership with a comparative table. The article looks at the jurisdiction requirements to bring a claim and considers the recent case of V v W (Jurisdiction: Dissolution of Pacte Civil de Solidarite) [2024] EWFC 111 (23 May 2024) in which jurisdiction and forum were considered in the context of a dissolution application in England following a French registered PACS.  The authors suggest some practical tips as to how the unintended consequences of the PACS and other overseas relationships can be avoided.

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