Registering a civil partnership formed abroad in Luxembourg

Last update 02.04.2020

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 concerned

Persons bound by a partnership registered abroad

Prerequisites

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 capacity to enter into a contract;
    • have been found legally incompetent;
    • not be a non-emancipated minor or have the protected adult status;
  • 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 an application

For a civil partnership registered abroad, the partners have to possibility to register their partnership at the Luxembourg Civil Register by addressing a request to the Public Prosecutor's Office (Parquet Général). They will then benefit from the same advantages as partners having declared their partnership directly in Luxembourg. This is by no means a legal obligation, but simply an option.

Attachments

To guarantee the authenticity of the documents produced so the Civil Register 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).
    • if the document is issued by the authorities in another EU Member State , it must either be apostilled or the signature legalised. If the document is not in French, German or English, it will require the following:
      • a multilingual form pursuant to the European Regulation (EU) 2016/1191; or
      • a certified translation by a sworn translator;
    • if the document is issued by the authorities in a third country , the document must be apostilled or the signatures have to be legalised.
The apostille or legally certified signature is issued by the competent authority of the country of the territory in which the document was drawn up. If the document was not written in French, German or English, a translation by a sworn translator must be attached.
  • complete copies of both 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 citizens of other countries: 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 Register 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 Register 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 Register will send the partners a certificate of partnership. This certification contains the date of registration of the partnership in the Civil Register.

With this registration, the partners are not forming a new partnership in Luxembourg, but merely transposing the partnership as it exists and was concluded in the other country.

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.

Who to contact

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