Any person who has validly entered into a partnership in Luxembourg may terminate it!
Ending a PACS (Civil Solidarity Pact)
Law of July 9, 2004, concerning the legal effects of certain partnerships
A partnership is a community of life between two people of different sexes or the same sex, hereinafter referred to as the partners, who live as a couple and who have made a declaration of partnership.
Any person who has validly entered into a partnership in Luxembourg may terminate it, either:
– by a joint declaration of both partners before the civil registrar of the municipality that received the declaration of partnership, even if since that date the partners have changed their domicile in Luxembourg or have transferred their domicile abroad,
– by a unilateral declaration of one of the two partners, who must first inform their partner of their decision by notification served by a Bailiff.
The declaration of termination of partnership, whether joint or unilateral, must be made in person before the civil registrar with whom the partnership was registered.
Documents to be attached to the declaration:
- valid identity card for Luxembourg nationals;
- valid passport for foreign nationals;
- certificate issued by the civil registry at the Public Prosecutor’s Office attesting to the registration of the declared partnership.
- in case of unilateral termination, a copy of the notification served by a bailiff must be attached
If all required documents are in order:
- the civil registrar verifies the declaration of partnership (certificate issued by the civil registry at the Public Prosecutor’s Office) and registers the declaration of termination of partnership;
- the declaration of termination of partnership is then transmitted within 3 working days to the Public Prosecutor’s Office in Luxembourg to be kept in the civil registry.
From the date of receipt by the civil registrar of the declaration of termination of partnership, the termination takes effect between the partners. However, the termination is only enforceable against third parties from the day the declaration is entered in the civil registry.
After the termination of the partnership, and provided that the request has been submitted within 3 months of this termination, the justice of the peace orders the urgent and provisional measures justified by this termination and relating to:
- the occupation of the common residence;
- the person and property of the partners;
- the legal and contractual obligations of the 2 partners.
It sets its period of validity, which, however, cannot exceed one year.
You can download a template to terminate the PACS in Word or PDF format:
