Something for the kids ;-) This Saturday at the Cité Biblio...
Who can enter into a registered civil partnership?
According to the Law of 9 July 2004, as amended by the Law of 3 August 2010 (loi du 9 juillet 2004 modifiée par la loi du 3 août 2010), the two partners, of the same or different sexes, must appear together before the civil registrar of their joint place of residence to personally and jointly declare their civil partnership and, where applicable, declare any agreement governing the property effects of this partnership, where such an agreement has been entered into.
Documents to submit
- identity card for European Union nationals – passport for non-EU nationals.
- the shared legal residence of the future partners will be checked by the civil registrar against their valid residence cards and the National Registry of Natural Persons (Répertoire National des Personnes Physiques) when the documents are submitted. If any inconsistencies are found, a certificate of residence will have to be provided.
- a full copy of the birth certificate issued within the last three months (Luxembourg and France) or within the last six months for certificates issued elsewhere , and a certificate of single status (where applicable).
- a certificate stating that neither person has registered another civil partnership with another person in the Grand Duchy of Luxembourg (only for persons without a birth certificate issued by a Luxembourg municipal office). To receive this certificate, send a written request to the following address: Cité judiciaire, Bât. CR, Parquet Général, Service du Répertoire Civil, L-2080 Luxembourg (tel.: 475981-341).
- affidavit, signed by the partners before the civil registrar or before a notary, stating that there are no family or marital ties that would legally prevent them from registering the civil partnership
for divorced persons
- a full copy of the marriage certificate with the entry of marriage dissolution relating to the divorce, or a full copy of the divorce transcription document
for widowed persons
- the death certificate of the deceased spouse, or the latter's birth certificate with an entry of their death
for persons who entered into a civil partnership before 1 November 2010
- a recent certificate from the Civil Register (Répertoire Civil) stating the dissolution of the registered partnership
for foreign nationals
- a certificate issued by the competent foreign authority stating that they are not involved in a civil partnership or any other form of union contracted abroad. If this document cannot be produced: a certificate of custom law issued by the competent foreign authorities stating that the persons meet the conditions for contracting a marriage according to the laws of their country of origin, and that those laws do not recognise civil partnerships or similar forms of union,
- where applicable: proof of the existence of an agreement on the property effects of the union.
All foreign documents must be translated into French, German or English by a sworn translator (for a list of addresses, please call: 475981335) and must be legalised if they were issued in a country that has not ratified the Hague Convention of 5 October 1961.
To declare a civil partnership, you must make an appointment with the civil register (T: 4796-3020).
The civil registrar records the declaration of partnership on a sheet of paper and sends it to the Civil Register within 3 days. The partnership becomes effective as soon it is registered with the Civil Register. After the notice of registration with the Civil Register is received, a certificate of registered partnership is sent to the partners by post.
Neither the agreement nor the documents submitted are kept by the civil registrar. They are returned to the partners after being verified. This means that it is their responsibility to hold these documents in safekeeping or deposit them with a notary, a lawyer or a person whom they trust.
My partner lives abroad. Can we still enter into a civil partnership?
NO, a shared legal residence (= registration of two people in the main register of the National Register of Natural Persons at the same address) is mandatory.
Why do we need to provide a certificate of custom law issued by our authorities?
So that we know if a union comparable to a civil partnership (such as legal cohabitation in Belgium) exists in your home country, and if it does, that you are not still bound by that union in your home country (proof: certificate of non-partnership issued by the authorities of your country).
How long do we have to be registered as living together at the same address?
There is no minimum period!
Will the fact that we have moved and no longer live at the same address automatically annul our civil partnership?
No, a civil partnership can only be annulled (dissolved) by signing a joint or unilateral declaration with the municipal office that received the initial declaration of civil partnership.
Only life events such as marriage or death automatically end a civil partnership.
What is meant by "agreement"?
A document signed by both partners that governs the property effects or other financial effects of the civil partnership. (The agreement ceases to have effect following the death of one of the partners)
When will we receive a civil partnership certificate?
As the date of signature does not constitute the official date, the certificate will be sent to you by post after registration of the partnership in the Civil Register has been confirmed. The Civil Register is the official entity for declarations of partnerships. It usually takes about ten days to receive the certificate.
Do we need an appointment to sign the declarations? Yes
What is the waiting time for the appointment? Generally 2 to 3 working days.
Can we request a civil partnership ceremony?
Yes, but if you request a civil partnership ceremony, the required documents must be submitted well in advance of the requested date for the ceremony.
What is the difference between getting married and entering into a civil partnership?
When a couple enters into marriage, their civil status changes accordingly, as governed by Luxembourg's Civil Code (Code civil).
A civil partnership is a declaration of domestic union, as defined by the Law of 9 July 2004 (loi du 9 juillet 2004) as amended by the Law of 3 August 2010 (loi du 3 août 2010).
When signing a declaration ofcivil partnership, a person's civil status does not change. Your partner does not automatically become your legal heir, and there is no community property regime as such. Taxes: contact the Luxembourg Inland Revenue department (Administration des Contributions Directes).