Marriage and PACS in Luxembourg: procedures and legal effects

In Luxembourg, only a civil marriage celebrated before the civil registrar has legal value; a religious ceremony may only take place afterwards. Couples who do not wish to marry can conclude a registered partnership (PACS). Both institutions are open to same-sex couples.

Getting married: the procedure

1. Contact the civil registry office of the commune of residence of one of the future spouses to open the file.
2. Gather the documents: recent birth certificates, identity documents, certificate of residence and, depending on your situation, a certificate of celibacy or of capacity to marry, a divorce judgment or the death certificate of a previous spouse. Foreign documents often need to be legalised or apostilled and translated.
3. The commune publishes the marriage banns for ten days.
4. Set the date: the marriage is celebrated publicly at the town hall, in the presence of the spouses (witnesses may be provided for depending on the commune).
5. After the ceremony you receive the family record book and the marriage certificate; remember to inform your employer, your health fund and the tax administration.

Concluding a PACS

The partnership is declared before the civil registrar of the commune of joint residence. Partners must not be married, bound by another partnership or closely related. A partnership concluded abroad can, under conditions, be entered in the Luxembourg civil register. Dissolution is simpler than divorce: a joint or unilateral declaration before the civil registrar.

Marriage or PACS: what effects?

Points to watch for people arriving from abroad

Allow time to obtain and legalise civil-status documents from your country of origin: this is often the longest step. If a document is impossible to obtain, ask the commune or the Ministry of Justice about alternatives (acte de notoriété). Finally, neither marriage nor PACS automatically confers Luxembourgish nationality: they can, however, ease certain residence conditions.

Matrimonial regime and family name

Without a marriage contract, spouses fall under the statutory regime of community of property limited to acquisitions; a contract before a notary allows you to choose separation of property or universal community. Marriage does not automatically change your name: each spouse keeps their birth name but may use the other's in everyday life. For binational couples, also check the recognition of your union in your country of origin with your embassy.

Official sources

• Guichet.lu - Marriage and partnership
• Ministry of Justice (justice.public.lu)
• Guichet.lu - Taxes