Any natural person who:

• has registered a civil partnership in Luxembourg; or
• has registered a civil partnership entered into abroad in Luxembourg

You and your partner:

• must reside in Luxembourg;
• must not:
  • be married or in a civil partnership; and
  • be relatives or in-laws to an degree that is prohibited.

Mandatory rules

Obligation to provide mutual material aid and assistance

You must provide each other with financial support, in the form of contributions towards the partnership’s expenses.

You are therefore required to make a contribution in proportion to your respective financial means. Consequently, you may be required to contribute more towards the expenses if your partner does not have adequate resources to contribute to the costs of the partnership, and vice versa.

Settlement of debts

Even after your partnership has ended, you remain jointly and severally liable for any debts that:

• you have incurred jointly; or
• that one of you incurred while in the partnership:
  • for the day-to-day needs of your household; and
  • for expenses relating to shared accommodation (e.g. rent payments).

However, each partner remains solely liable for any debts they have incurred personally, both during and after the partnership:

• all other debts;
• if the expenditures are clearly excessive in relation to:
  • the partners’ lifestyle; or
  • the usefulness, or lack thereof, of the purchase;
• if these debts result from purchases on credit not agreed upon by both partners (e.g.: purchasing a household appliance with monthly payments).

Protection of the shared home

Your shared accommodation and its contents are protected, as neither you nor your partner can decide on your own:

• to sell the property and the furniture;
• to mortgage the property; or
• rent it out.

If the rental agreement for your shared accommodation is signed by only one of you, the person who did not sign it may nevertheless apply for a stay of eviction.

If the partner who rented the shared home leaves the property or dies, the rental agreement continues indefinitely in the name of their partner.

Rules in the absence of a property settlement agreement

Both you and your partner keep the proceeds of your work:

• salaries; or
• fees; or
• profits from a business activity, etc.

Unless you have specified otherwise in any property settlement agreement, you:

• manage your property income together (e.g.: the rent received from a flat that you both own); and
• you will each retain ownership of any property (movable or immovable) that you can prove belongs to you.

If neither you nor your partner can prove that you are the sole owner of an asset (movable or immovable), it is considered to belong equally to both of you.

If you (or your partner) acquire movable or immovable property during the partnership (e.g. through purchase or inheritance), it belongs exclusively to you.

Either of you can:

• make gifts to one another; or
• to be named as a beneficiary in the other person’s will.

Establishment of a property settlement agreement

Terms of the agreement

You can set out the property settlement of your partnership in a written agreement. This property settlement agreement:

• is optional;
• can be entered into at the time of registering the civil partnership or at a later date;
• can be modified at any time.

Form of the agreement

To conclude this agreement, simply:

• write it on plain paper; and
• date and sign it.

You can also use a notary.

You can modify this agreement at any time:

• by adding information to, or removing information from, the existing agreement; or
• by drawing up a new agreement that replaces the previous one.

The agreement, together with any subsequent amendments, takes effect between you from the moment the civil registrar receives the declaration, which establishes the official date.

Once the certificate has been checked, the civil registrar does not keep it, but instead:

• returns it to you, and you must then ensure it is kept safe;
• notifies the public prosecutor's office so that an entry may be made in the civil register. Your agreement will only be binding on third parties from the date of registration.

Content of the agreement

You are free to determine the consequences of your partnership on your property, provided you comply with the mandatory rules applicable to each partnership (see above, 'Rules in the absence of a property settlement agreement').

If the property matters to be agreed upon are particularly significant, the property settlement agreement may include an inventory specifying which movable and immovable assets belong to:

• yourself alone or exclusively to your partner;
• both of you.

Dissolving a civil partnership

When your partnership ends, mutual financial support ceases, unless:

• you agreed other terms; or
• the judge decides otherwise.

In exceptional circumstances, the judge may order that maintenance be paid to one of the former partners. The judge determines the amount of this maintenance based on:

• the needs of the person who requests it; and
• the financial capacity of the person liable for payment.

The person receiving this maintenance payment will no longer be entitled to it if they:

• enter into a new partnership; or
• get married.

Procedures

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