Declaring a domestic partnership (PACS)

Last update 16.02.2021

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The domestic partnership or PACS (Civil Solidarity Pact) gives 2 people, called "partners", who have chosen to live together without getting married:

  • legal recognition of domestic arrangements other than marriage;
  • legal security in:
    • civil matters: rules of solidarity and responsibility between partners; and
    • tax matters: tax deductions; and
    • social security matters: social protection.

PACS is a civil contract between 2 people of different or the same sex, who:

  • live together as a couple; and
  • declare their partnership before the civil registrar.

Partners benefit from one day of special leave for personal reasons when declaring their PACS.

Who is concerned

Anyone, regardless of their nationality, may enter into a partnership in Luxembourg, provided that they are legally resident in Luxembourg.

Prerequisites

The future partners must:

  • have the legal capacity to enter into such a relationship; i.e. the person must not:
    • have been declared legally incapable by law; or
    • be a non-emancipated minor; or
    • be a protected adult (guardianship, curatorship, etc.);
  • not already be bound by another marriage or partnership;
  • not be related by blood or marriage to the following degrees:
    • in direct line of descent: partnerships are forbidden between ascendents and legitimate or illegitimate descendants, and between relatives in the same line;
    • in collateral line of descent: partnerships are forbidden between legitimate or illegitimate siblings, and between relatives in the same degree;
    • partnerships are also prohibited between uncles/aunts and nephews/nieces.

How to proceed

Filing an application

The 2 future partners must appear, with the required documents, before the civil registrar of the commune of their common place of domicile or residence to personally and jointly declare their partnership.

For the actual signing of the declaration of domestic partnership, an appointment must be made with the civil registrar’s office.

The partners' common legal domicile will be checked by the civil registrar against the corresponding entry in the National Registry of Natural Persons (RNPP) at the time that the file is submitted.

Supporting documents

Partners must submit the following supporting documents:

  • a valid identity card for Luxembourg nationals and nationals of the European Union (EU);
  • a valid passport for non EU nationals;
  • a full copy of the birth certificates of the future partners issued by the commune of their place of birth. To be valid, this complete copy must be no older than:
    • 3 months, if it was issued in Luxembourg or France;
    • 6 months, if it was issued in another country;
  • a sworn statement, signed by the partners in the presence of the civil registrar or a notary, that there is no relationship by blood or marriage between them that would constitute a legal obstacle to the registration of the partnership;
  • for individuals who were not born in Luxembourg:
    • a certificate attesting that neither of the future partners has registered another partnership with someone else. This certificate can be requested by post, signed by the 2 future partners, to be sent to the Civil Register (Service du répertoire civil) with:
      • indication of their full names, marital status and address; and
      • a copy of their social security card and their identity card or passport;
    • for non-Luxembourg nationals: in addition to the above-mentioned certificate issued by the Public Prosecutor's Office, a certificate (mentioning the marital status) attesting that the future partners are not in a domestic partnership or any other form of domestic arrangement entered into abroad;
  • for foreigners born in Luxembourg: a certificate (stating the marital status) attesting that the future partners are not in a domestic partnership or any other form of domestic arrangement entered into abroad.

This certificate of non-commitment is issued by the competent authority in the country of origin, for example:

  • the embassy or consulate of the country of origin in Luxembourg; or
  • the communal administration of the place of last domicile in the country of origin.

For countries in which marriage is the only existing community of life together, the partner must provide a certificate of custom/law. This certificate is issued by the embassy and clearly states that no domestic arrangement other than marriage is recognised by the authorities of that country.

The following additional documents must be provided depending on the situation of the partners:

  • for divorced persons:
    • a full copy of the divorce ruling; or
    • a full copy of the divorce transcript, if the divorce is not mentioned in the margin of the birth certificate;
  • for widowed persons: the death certificate or birth certificate of the deceased spouse, mentioning the death;
  • for persons who have already entered into a domestic partnership before 1 November 2010: a recent certificate from the civil register listing the dissolution of the registered partnership;
  • proof of the existence of a property settlement agreement, if such an agreement was entered into between the partners.
Since the supporting documents may vary depending on the situation of the persons in question, it is advisable to discuss the matter with the civil registrar’s office of the commune of residence beforehand.

The required documents must be in French, German or English. If this is not the case, the future partners must:

  • have them translated by a sworn translator;
  • request an international record from the civil registry office concerned.
Note: the agreement and the documents submitted are not kept by the civil registrar. They are returned to the partners after verification. The partners must therefore ensure that they keep them themselves or deposit them with a notary, lawyer or other trusted party.

Official declaration of the partnership

If all of the required documents are legally admissible, when the partnership is declared, the civil registrar:

  • verifies whether both parties meet the conditions laid down by law;
  • registers the declaration of partnership on plain paper;
  • provides both partners with a certificate stating that their partnership has been declared.

The declaration is sent to the Public Prosecutor's Office within 3 days in order to be registered and kept in the civil register. Once it is registered, the declaration enters into force. The declaration also contains, if such is the case, a mention of the property settlement agreement concluded by the 2 partners.

For persons whose birth certificate was established or transcribed in Luxembourg, an entry mentioning the declaration of domestic partnership will be made in the margin of the birth certificate. This entry states:

  • the place and date of the declaration of partnership; and
  • the other partner's contact details.
Note: the mention of the partnership can only be found on the full copy of the birth certificate and not on a simple extract of the birth certificate.

After receipt of the notice of registration in the civil register, a certificate of registered partnership is sent to the partners by post.

Property settlement agreement

The conclusion of a property settlement agreement is not required. It is, however, an option. This agreement can be:

  • made at or after the declaration of partnership; and
  • modified at any time after the declaration.

Effects of the declaration of partnership

Even without a property settlement agreement, declaring a partnership creates rights and duties between the partners.

Who to contact

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