Marriage in Luxembourg: what do you need to know?

Civil marriage in Luxembourg

Who can get married in Luxembourg?

In Luxembourg, marriage is permitted between two people of different sexes or of the same sex. Same-sex marriage has been legal since July 4, 2014. The rights and obligations are the same for all same-sex and opposite-sex couples.

To get married in Luxembourg, both future spouses must be at least 18 years old. In addition, at least one of the spouses must have their official residence in the Grand Duchy.

A minor may marry provided they have authorization from the guardianship judge.

Steps to get married in a civil ceremony in Luxembourg

Time required to get married in a civil ceremony

For residents of Luxembourgish nationality, the marriage must be prepared at least two months before the wedding date. Non-Luxembourgish residents must allow a minimum of three months.

Where can you get married in a civil ceremony in Luxembourg?

The marriage must be celebrated in the municipality of one of the future spouses, provided that they are legally resident there. Since 2022, it has been possible to get married in a location other than the town hall or "Gemeng." Municipalities define the authorized locations. In all cases, these are solemn, public, and non-religious locations located within the municipality.

Submitting the marriage application to the municipality

The spouses must compile their marriage file in advance. One of the future spouses must go to the municipality of their place of residence to complete the various formalities.

Several documents must be provided in order to get married in a civil ceremony in Luxembourg. The future spouses must present:

• a valid identity document,
• a recent birth certificate,
• a certificate of marital capacity,
• the national identification numbers of the future spouses
• a certificate of residence. At leastone of the spouses must be resident in Luxembourg.

The application must be submitted in person, by appointment.

All documents must be submitted in French, English, or German. Translations must be carried out by a certified translator. For non-EU citizens, signatures must be legalized by apostille .

Special cases for marriage applications in Luxembourg depending on nationality

• Marriage application for German nationals

The Luxembourg registrar requires a certificate of marital status called an "Ehefähigkeitszeugnis." This is issued by the municipality of birth of the citizen, by the municipality of last residence in Germany, or by the Standesamt in Berlin if the spouse has never lived in Germany.

• Marriage of Italian nationals in Luxembourg

Marriage banns are published at the Italian Consulate if the nationals were born and have been resident in Luxembourg since birth. However, if the future spouses were born in Italy, the marriage banns are published in Italy.

• Portuguese nationals and marriage in Luxembourg

Portuguese nationals must go together to the Consulate General of Portugal in Luxembourg and present several documents to compile the file: identity document, birth certificate, certificate of residence.

Once the file has been processed, the Consulate will send the certificate of marital capacity—to which the various documents are attached—directly to the municipal administration of the city where the marriage will take place.

Witnesses to marriage in Luxembourg

The Luxembourg Civil Code does not require the signature of marriage witnesses.

Wedding ceremony in Luxembourg

The wedding ceremony takes place after the formalities have been completed. It is therefore advisable to start the process at least two to three months before the chosen date of the ceremony.

The date and time of the wedding are set when the complete file is submitted. Weddings can be celebrated on any working day of the week. They must be celebrated inside the town hall or in another location authorized by the municipal administration.

All marriages must be preceded by the publication of banns in the municipality of residence of both spouses. These must be displayed for 10 days. Once published, the marriage must be celebrated within 12 months. Otherwise, a new publication will be necessary.

Leave for marriage in Luxembourg

Three days of special leave are granted to each spouse if they are bound by an employment contract.

More information on civil partnerships or PACS in Luxembourg.

Matrimonial property regimes in Luxembourg

When getting married, young couples can choose a specific matrimonial regime via a contract drawn up before a notary. This set of rules governs the financial interests of the spouses. In the absence of a marriage contract, the legal community property regime applies.

The legal matrimonial regime in Luxembourg

If the spouses decide not to sign a specific marriage contract, they are automatically subject to the legal regime. This is based on the principle of community property limited to acquisitions.

Under the legal matrimonial regime, property acquired after marriage becomes part of the community. In other words, this means that the proceeds of their work, the income from their property, and the property acquired during the marriage belong to both spouses.

However, certain assets remain the property of one of the spouses if that person can prove ownership. These include, for example, assets acquired before the marriage, assets of a personal nature, and assets acquired by gift or inheritance.

Furthermore, debts incurred before the marriage remain personal. Creditors may, however, pursue the indebted person for their personal property, but also for property that has become part of the community. Debts incurred by one spouse for the maintenance of the household or the education of the children may be pursued against all common property.

When only one spouse incurs a debt within the community, the other spouse cannot be pursued.

The universal community property regime between spouses

Spouses who wish to do so may choose the universal community property regime. All of the couple's property—acquired before and after the marriage—belongs to the community. There is therefore no separate property, with the exception of personal clothing and family heirlooms.

All debts are also shared. The spouses are therefore jointly liable, even for debts incurred by one of them before the marriage.

Separate property regime between spouses

By signing a separation of property regime, spouses retain the administration, enjoyment, and free disposal of their personal property. There is therefore no common property between the spouses.

Each spouse is responsible for their own debts, whether incurred before or during the marriage. However, if the debts were incurred for the education of the children or the maintenance of the household, both spouses are liable for these debts.

In the event of death, the community property may be assigned to the surviving spouse. The latter will then inherit the couple's entire estate. However, this option is subject to special conditions if there are children from a previous marriage.

Changing the marriage contract in Luxembourg

After at least two years of marriage, spouses are free to make changes to their existing matrimonial regime by notarized deed.

Liquidation of the community

The marriage is dissolved in the event of divorce or the death of one of the spouses.

The liquidation of the marital community is carried out according to the respective rights of the spouses as set out in their marriage contract. However , in the case of a separation of property contract, as there is no joint property, there is nothing to liquidate.

Surname of spouses married in Luxembourg

In Luxembourg, the law does not provide for the merging of surnames. Only the name that appears in the civil registry is recognized. However, a married woman may use her husband's surname and add her maiden name to it.

It should be noted that the law of March 18, 1982, allows individuals to change their surname. A written request stating the reasons for the change must be sent to the Department of Justice.

Religious marriage in Luxembourg

Religious marriages alone are strictly prohibited. However, a civil marriage must be performed at the local municipal office before a religious marriage can take place.

To organize a religious marriage, the future spouses are invited to inquire directly at their place of worship with the persons in charge.

Luxembourg taxation for married couples

Married taxpayers benefit from tax class 2. Spouses are therefore taxed collectively and benefit from tax deductions.

Find out more about personal taxation in Luxembourg.