Is Common Law Marriage Legal in France After the 2026 Policy Reforms?

No, France does not recognize common law marriage (union libre) as a legally binding marital status, despite its social prevalence. Cohabiting couples lack automatic inheritance, tax, or spousal rights unless explicitly formalized through a PACS (civil solidarity pact) or civil marriage. Recent 2026 draft reforms aim to clarify cohabitation rights but maintain strict distinctions from formal unions.


Key Regulations for Common Law Marriage in France

  • No Legal Recognition: French Civil Code (Art. 146) mandates formal marriage or PACS for legal protections; cohabiting partners have no default marital rights, including inheritance or alimony.
  • PACS as Alternative: The PACS (regulated by Law No. 99-944) offers limited rights (e.g., tax benefits, joint tenancy) but excludes full marital privileges like automatic parental authority or survivor pensions.
  • Local Enforcement: French courts (e.g., Tribunaux Judiciaires) consistently reject common law marriage claims, deferring to PACS or civil marriage for disputes. The Direction Générale des Finances Publiques strictly applies tax rules, denying joint filings for unmarried cohabitants.

Source: French Civil Code (2024), Law No. 99-944 on PACS, 2026 draft reforms (Ministère de la Justice).