For a civil partnership registered abroad, the partners may, if they wish, be recognised as partners in Luxembourg after registering their partnership at the Luxembourg Civil Register held by the Public Prosecutor's Office (Parquet général).
Registration of a partnership registered abroad in the Luxembourg Civil Register allows the partnership to be considered as a Luxembourg partnership. Following registration of their partnership in the Civil Register, the partners will have the same benefits as civil partners who declared their partnership in Luxembourg (for example, with regard to labour and/or tax law).
Who is concernedPersons bound by a partnership registered abroad
For the foreign partnership to be registered in the Luxembourg Civil Register, the two parties must have met the following conditions, at the date of the formalisation of their partnership abroad:
- have the legal capacity to contract (not have been declared incapable by law, and not be a non-emancipated minor or protected adult);
- not have already been bound by another marriage or another partnership;
- not have been parents or relatives at the following levels:
- between legitimate or natural ascendants and descendants, and relatives in the same line;
- between legitimate or natural brothers and sisters, and relatives at the same degree;
- between uncle and niece, aunt and nephew;
- for third-country nationals only: be legally resident in Luxembourg;
- live together at the same address.
How to proceed
Filing a claim
Having registered their partnership abroad, the partners are allowed to apply to the Public Prosecutor's Office to have their partnership registered in the Civil Registry and enjoy the same benefits as partners who have declared their partnership in Luxembourg. This is by no means a legal obligation, but simply an option.
To guarantee the authenticity of the documents produced so the Civil Registry can verify that the conditions have been met, the partners must produce the following items and information:
- the partnership declaration registered abroad or a certificate of registration of the partnership declaration (the precise name of this document may vary from one country to another). This document must bear an apostille, or a legally certified signature;
- complete copies of the partners' birth certificates, issued less than 3 months prior, by the commune of their place of birth;
- for Luxembourg nationals, EU nationals and nationals of the European Economic Area: a copy of the passport or ID card for both partners;
- for third-country nationals: a certified copy of the passport containing authorisation to stay for longer than 3 months; a tourist visa (category C visa) in the passport is not valid for legal residence;
- a shared address to which the Civil Registry can send the certificate of partnership.
In all cases, the ID document must be currently valid. The application and the supporting documents may:
- be sent to the Civil Registry; or
- be provided to the Civil Registry during its opening hours.
If all the required items are provided and if the partnership meets the conditions to be considered a registered partnership in Luxembourg, the Civil Registry will send the partners a certificate of partnership. This certification contains the date of registration of the partnership in the Civil Register.
Couples who have already validly concluded a partnership abroad can no longer declare a new partnership in Luxembourg. In fact, they do not meet one of the legal conditions imposed – i.e. that the two parties must not have already been bound by a marriage or another partnership.