8 What does the law provide for the property of registered and non-registered partners?
The Act of 9 July 2004 (Mém. P. 2019 et seqq., Parl. Doc. no. 4946) on the legal effects of certain partnerships entered into force on 1 November 2004.
Partners who have made a partnership declaration may determine the property consequences of the partnership by means of a written agreement between them. This agreement may be entered into or amended at any time. Notice of the agreement or the amendment is forwarded to the public prosecutor's office within three working days (Article 6 of the 2004 Act).
In the absence of an agreement, the partnership declaration nevertheless creates rights and obligations between the partners which, in many aspects, are similar to those of spouses. The indicated provisions apply only to partnerships declared in accordance with Article 3 of this Act (Article 1 2004 Act). There are no special provisions regarding the property regime of non-registered non-marital unions.
The 2004 Act was recently supplemented by the Act of 3 August 2010 (Mém. P. 2190, Parl. Doc. no. 5904), Article 4-1 of which recognises partnerships entered into abroad, enabling them to benefit from the same advantages as those granted to Luxembourg partnerships.