Terminating a civil partnership (PACS)
Last update
Summary:
A civil partnership, or civil solidarity pact (Pacte civil de solidarité – PACS), can be terminated in a number of ways. However, an official declaration terminating the civil partnership is required to formalise this step.
You are bound by a civil partnership if:
- you live together as a couple with a person of the opposite sex or the same sex; and
- you have made a declaration of civil partnership before the civil registrar.
Your partnership may be terminated:
- by mutual consent, by a joint declaration of the partners; or
- by a unilateral declaration by either of the partners; or
- by the marriage of either of the partners; or
- by the death of either of the partners.
Who is concerned
Any person who has validly entered into a civil partnership in Luxembourg may terminate it:
- unilaterally; or
- by mutual agreement with the other partner.
How to proceed
Preliminary procedures to revoke a civil partnership
Your civil partnership may be revoked in 2 ways:
- by a joint declaration. This declaration must be drawn up by you and your partner before the civil registrar of the commune that your declaration of civil partnership was filed with. This is mandatory, even if since that date you have:
- changed your domicile in Luxembourg; or
- transferred your domicile abroad; or
- by a unilateral declaration by either of the partners. The partner making this decision must, however, notify the other partner of it in advance by means of a notice served by a bailiff.
Essential documents to submit
To terminate your civil partnership, you must submit:
- an identity document: valid identity card or passport;
- a certificate issued by the Civil Register (Service du répertoire civil) under the Luxembourg Prosecutor General's Office certifying that your civil partnership has been registered.
In the event of a unilateral revocation, you must also attach a copy of the notice of the unilateral declaration terminating the civil partnership, as served by the bailiff to your partner in advance.
Official declaration terminating a civil partnership
Regardless of whether the termination is unilateral or by mutual consent, the declaration terminating a civil partnership must be filed in person with the competent civil registrar who recorded the civil partnership.
If all the required documents are legally admissible:
- the civil registrar will check your declaration of civil partnership and record the declaration terminating the civil partnership; and
- the declaration terminating the civil partnership will then be forwarded to the Civil Register within 3 working days, where it will be registered and kept.
The termination of your civil partnership:
- is deemed to be effective between the partners as of the date on which the civil registrar receives the declaration terminating your civil partnership;
- is only recognised by third parties from the date when the declaration is added to the civil register.
Urgent and provisional measures
In the 3 months following the termination of the civil partnership you may file an application with the justice of the peace. The justice of the peace will then order any justified urgent and provisional measures relating to:
- the occupancy of the shared residence;
- the partners' personal matters and property;
- the partners' legal and contractual obligations.
The justice of the peace will determine the period of validity of these measures, which may not exceed one year.
Who to contact
Public Prosecutor's office Civil Register
- Address:
-
Luxembourg
Cité judiciaire - Plateau du Saint-Esprit - L-2080 Luxembourg
- Phone:
- (+352) 247 32 341
- Phone:
- (+352) 247 32 375
- Email address:
- repertoire.civil@justice.etat.lu
Closed ⋅ Opens tomorrow at 9.00
- Wednesday:
- 9.00 to 12.00 and 13.00 to 16.00
- Thursday:
- 9.00 to 12.00 and 13.00 to 16.00
- Friday:
- 9.00 to 12.00 and 13.00 to 16.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 9.00 to 12.00 and 13.00 to 16.00
- Tuesday:
- 9.00 to 12.00 and 13.00 to 16.00
Communal administrations
- Address:
- Luxembourg
Related procedures and links
Links
Further information
-
Registered partnerships
on Your Europe
-
Chambre des huissiers de justice au Luxembourg
Website
Legal references
-
Loi modifiée du 9 juillet 2004
relative aux effets légaux de certains partenariats
-
Loi du 27 juin 2018
instituant le juge aux affaires familiales, portant réforme du divorce et de l’autorité parentale
