Legal issues Luxembourg

In Luxembourg, the marriage procedure for foreigners includes several key stages and requirements. It is important to note that at least one of the future spouses must be a legal resident or citizen of Luxembourg.

1. Contacting the Civil Registry Office:

One of the partners must contact the civil registry office of the commune where the marriage is planned, providing identity cards or passports of both partners.

The civil registry office will provide the necessary forms and information about the required documents.

2. Providing the necessary documents:

- Identity card: a copy of the passport or ID card of each partner.

- Birth certificates: copies of birth certificates indicating the names of parents.

- Proof of marital status: confirmation that each partner is not married.

- Proof of residence: for non-residents of Luxembourg, proof of residence is needed.

- Additional documents: if necessary, certificates of death of a previous spouse, birth of children to be legitimized, divorce, and others may be required.

All documents must be in French, German, or English. If the documents are in another language, a translation by a sworn translator is required.

3. Document submission deadlines:

All necessary documents must be submitted to the civil registry office no later than one month before the proposed wedding date.

Special conditions for third-country nationals: Nationals of non-EU countries wishing to marry a Luxembourg citizen must follow the standard short-stay procedure, including obtaining a visa if necessary, and meeting entry and short-stay conditions.

After marriage: The foreign spouse may apply for a residence permit in Luxembourg based on family reunification.

Possible consequences in case of divorce:

If divorce occurs before obtaining permanent residence (typically requiring at least 5 years of residence in the country), the foreign spouse may retain the right to reside if the following conditions are met:

- Residence in Luxembourg for at least 1 year.

- The marriage lasted for at least 3 years before the commencement of divorce proceedings.

- The right to reside also remains if the foreign spouse has:

- Custody of a common child.

- Right to visit a minor child established by court order.

Note that procedures and requirements may change. It is recommended to contact the relevant authorities in advance for up-to-date information.

In Luxembourg, registering the birth of a child is a mandatory procedure that must be completed within the timeframes established by law.

Registration deadlines:

The birth of a child must be registered within five days after birth. If the fifth day falls on a weekend or public holiday, the registration is postponed to the next working day.

Place of registration:

Registration is carried out at the civil registry office of the commune where the birthplace occurred.

Who can register the birth:

- One of the child's parents.

- A doctor, midwife, or any other person present at the birth, if the parents are unable to do so.

Necessary documents:

- Medical birth certificate issued by the hospital or doctor.

- Identity documents of both parents (passports or ID cards).

- Marriage certificate of the parents if they are married.

- Declaration of paternity (if the parents are not married and paternity was established before the child's birth).

Note: Documents drafted in languages other than French, German, or English must be translated by a sworn translator.

Registration process:

Visit the civil registry office of the respective commune within the stipulated deadlines.

- Present the necessary documents.

- Fill out the required forms provided by the civil registry office staff.

- After verifying the documents, a birth record will be created, and you will be issued a child's birth certificate.

Additional steps after registration:

- Social Security: Register the child in the social security system to obtain a social security number.

- Citizenship: Contact your country's consulate to arrange citizenship and a passport for the child if you are foreign citizens.

Important: The procedure and requirements may vary depending on the municipality. It is recommended to contact the local civil registry office in advance for further details.

Registering your own business in Luxembourg is a structured process involving several key steps.

1. Choose the company's legal structure

Luxembourg offers various forms of conducting business, each with its own characteristics:

- Limited Liability Company;

- Public Limited Company;

- Sole proprietorship.

The choice of legal form depends on the nature and scale of your business.

2. Check and reserve the company's name

Before registration, you need to ensure that the chosen company name is unique and not used by other organizations. To do this, you should contact the Luxembourg Trade and Companies Register and apply to check the availability of the name. Once the name's uniqueness is confirmed, it is recommended to reserve it.

3. Obtain a business license

For most types of commercial activities, a special permit issued by the Luxembourg Ministry of Economics is required. To obtain it, you need to provide:

- Confirmation of professional qualifications and experience.

- Criminal record certificate.

- Proof of financial viability.

Please note that for some types of activities, additional licenses or certificates may be required.

4. Prepare founding documents

Depending on the chosen legal structure, you need to prepare the corresponding founding documents:

- For SARL and SA: The company's memorandum and articles of association must be drafted and notarized. The documents should contain information about the capital structure, shareholders, directors, and types of company activity.

For sole proprietorship: You need to file a commencement of business form and obtain the necessary permits.

5. Open a bank account and deposit share capital

After preparing the founding documents, you need to open a bank account in the name of the company in one of Luxembourg's banks and deposit the share capital. The bank will provide a certificate of capital deposit, which is needed for further registration.

6. Register the company with the Trade Register (RCS)

With notarized founding documents and the capital deposit certificate, you should contact the RCS for the official registration of the company. After successful registration, the company receives a registration number and becomes a legal entity.

7. Tax registration and social security registration

After registration with the RCS, it is necessary to:

- Register with the tax authorities to obtain a tax identification number and, if needed, a VAT payer number.

- Register with the social security system to pay the corresponding contributions for employees.

8. Obtain additional licenses and permits

Depending on the company's activity specifics, obtaining additional licenses or permits from relevant government bodies may be required.

9. Publish the founding documents

After registration, some founding documents must be published in the Luxembourg official gazette (Mémorial C), ensuring their public availability.

10. Commence business activity

After completing all the above steps, the company can officially start its activities in accordance with Luxembourg's legislation.

Note that the registration process may vary depending on the business specifics and the company's legal structure. It is recommended to consult professional advisors for detailed information and guidance throughout all stages of registration.

In Luxembourg, notarial services are available both to citizens and foreign nationals. However, foreigners should be aware of certain specifics when approaching notaries.

Language requirements

The official languages of Luxembourg are French, German, and Luxembourgish. Consequently, notarial documents are usually drawn up in one of these languages. If you present documents in another language, a translation performed by a sworn translator is required.

Legalization of foreign documents

Documents issued outside of Luxembourg must be legalized for use in the country. Luxembourg is a party to the Hague Convention of 1961, so most official documents require an apostille from the country of issuance. After that, the document can be translated and used in Luxembourg.

Identity verification

When contacting a notary, you need to verify your identity. For foreign citizens, a valid passport is usually required. In some cases, additional documents confirming your status in Luxembourg, such as a residence permit or registration card, may be required.

Specifics of notarial actions with a foreign element

Some notarial actions involving foreign elements may require additional verification and adherence to international standards. For example, real estate transactions abroad or estate settlement involving foreign nationals might be more complex and require extra time and documents. In such cases, it is recommended to consult with a notary in advance to determine all necessary steps and documents.

Consular notarial services

Citizens of foreign countries can also contact the consular offices of their countries located in Luxembourg to obtain notarial services.

Important: Since procedures and requirements may change, it is recommended to contact a notary or the relevant authorities in advance for up-to-date information.

In Luxembourg, the divorce procedure is regulated by law and involves several key stages. It's important to note that divorce can only be initiated through judicial authorities.

Grounds for divorce

Luxembourg law provides the following grounds for marriage dissolution:

Mutual consent of the spouses: Both spouses agree to the divorce and have reached agreements on all accompanying issues, such as property division, child custody, and alimony.

Divorce due to an irretrievable breakdown of the relationship: If one of the spouses believes that living together has become unbearable due to serious reasons such as infidelity, violence, or other circumstances making the continuation of marriage impossible.

Divorce procedure

The divorce process in Luxembourg includes the following stages:

Consultation with a lawyer: It is recommended to consult a lawyer specializing in family law to receive advice and prepare the necessary documents.

Filing a petition in court: The spouses or one of them file a divorce petition in the competent court of their place of residence.

Mediation (if necessary): The court may offer the spouses to undergo a mediation process to resolve disputes, especially if minor children’s interests are involved.

Court proceedings: If mediation does not lead to an agreement, the court examines the case, hears the parties, and makes a decision on the divorce and the related issues.

Issuing a court decision: After considering all circumstances, the court issues a decision on the termination of marriage and determines the conditions regarding property division, child custody, and alimony.

Division of property and alimony

Upon divorce, the court considers the division of jointly acquired property and, if necessary, awards alimony for the maintenance of children or one of the spouses. It is recommended to reach an agreement on these issues in advance to speed up the process and avoid additional court proceedings.

Custody of children

Issues of custody and maintenance of minor children are resolved with their best interests in mind. The court may establish joint or sole custody, determine the visitation schedule, and the amount of child support.

Recognition of Foreign Divorces

If the marriage was dissolved outside of Luxembourg, it is necessary to ensure the recognition of the divorce in the country. This may require submitting an appropriate application to the Luxembourg judicial authorities.

Legal Assistance

Legal services in Luxembourg can be expensive. However, there are government programs providing legal assistance to people with low incomes. To obtain such assistance, one must meet certain criteria, including income level and type of legal proceedings. Additional information can be found on guichet.public.lu.

Specifics for Foreigners

Foreign nationals residing in Luxembourg should be aware that the divorce procedure will be conducted in accordance with local laws. In some cases, provisions of private international law may apply, especially if the spouses have different nationalities or assets abroad. It is recommended to consult a lawyer familiar with the international aspects of family law.

Note: Procedures and requirements may change. It is recommended to contact a qualified lawyer or relevant government authorities in advance to obtain up-to-date information.

In Luxembourg, foreign nationals can obtain legal assistance and consultations through several channels, including government programs, private law firms, and specialized organizations.

Government Legal Assistance

Luxembourg provides financial support to low-income individuals to cover expenses related to legal proceedings. This assistance covers lawyer fees, legal costs, and other related expenses. However, it does not cover procedural compensations and compensations for offensive proceedings. To obtain such assistance, one must meet certain criteria, including income level and type of legal proceedings. Additional information can be found on guichet.public.lu.

Private Law Firms and Lawyers

There are many law firms and independent lawyers in Luxembourg specializing in various areas of law, including immigration, family, labor, and commercial law. Some offer services in several languages, facilitating communication for foreign nationals. It is recommended to research and choose a lawyer or firm specializing in your area of interest. A list of immigration lawyers and law firms in Luxembourg can be found on careergigo.net.

Professional Associations and Organizations

Some associations, like the Luxembourg Consumer Association (ULC), provide legal assistance related to consumer rights protection. Organizations such as Patiente Vertriedung defend patients’ interests and assist with all administrative, technical, and medical issues in the healthcare and social security fields.

Consular Services

Citizens of foreign countries can contact their consular offices located in Luxembourg for legal assistance and consultations. Consulates often provide information about local laws and can recommend reliable lawyers.

Non-Governmental Organizations and Volunteer Groups

Various NGOs and volunteer organizations in Luxembourg assist foreign nationals, including legal consultations.

Online Resources and Consultations

There are online platforms providing legal advice and information for foreign nationals in Luxembourg.

Note: Procedures and conditions for obtaining legal aid may change. It is recommended to contact a qualified lawyer or relevant organizations in advance to obtain current information.

In Luxembourg, the processing of official document translations requires compliance with certain procedures to ensure their legal validity and recognition by government authorities.

Language Requirements

The official languages of Luxembourg are French, German, and Luxembourgish. Documents presented in other languages must be translated into one of these official languages. In some cases, translations into English are accepted; however, this depends on the specific institution or situation.

Sworn Translators

For the translation of official documents, it is recommended to contact sworn translators who are authorized to certify the accuracy of the translation with their signature and seal. The Ministry of Justice of Luxembourg maintains a register of certified sworn translators available on their official website.

Translation and Certification Process

Choosing a Translator: Contact a sworn translator specializing in the required language pair. A list of such specialists can be found in the Ministry of Justice register or through professional associations such as the Luxembourg Association of Translators and Interpreters (ALTI).

Document Translation: The sworn translator performs the translation and certifies it with their signature and seal, confirming accuracy and correspondence to the original.

Additional Certification: In some cases, additional notarial certification or the affixing of an apostille on the original document may be required before its translation. An apostille authenticates the signature, the capacity in which the person acting on the document has acted, and, if applicable, the authenticity of the seal or stamp attached to the document.

Document Legalization

Luxembourg is a party to the 1961 Hague Convention simplifying the procedure for the legalization of documents between participating countries. Documents issued in member countries must be accompanied by an apostille confirming their authenticity. Once the apostille is affixed, the document can be translated by a sworn translator for use in Luxembourg.

Validity Period of Translated Documents

The validity period of the document translation is not limited and remains valid as long as the content of the original document does not change and the translation remains relevant and accurate.

Recommendations: Before submitting documents, clarify with the relevant authorities in Luxembourg what requirements are set for the translation and certification of documents.

Note: Procedures and requirements may change. It is recommended to contact the relevant authorities or qualified specialists in advance for up-to-date information.

Structure of the Judicial System

Justice of the Peace Courts: Handle minor offenses, labor, commercial, and civil disputes. Justice of the Peace Courts act as courts of first instance.

District Courts: Hear more serious civil, commercial, and criminal cases. They also serve as appellate courts for decisions from Justice of the Peace Courts.

The Supreme Court of Justice: Includes the Court of Cassation and the Court of Appeal, handling cases in cassation and appeal proceedings.

Constitutional Court: Evaluates the compliance of laws with the Constitution of Luxembourg. However, it does not review laws related to international treaties, considering the primacy of international law over national law.

Judge Appointment

Judges in Luxembourg are appointed for life by the Grand Duke and can only be removed from office by a court ruling, emphasizing their independence.

Role of the State Council

The State Council performs advisory functions and addresses cases related to violations of laws by civil servants and agencies.

Features of the Judicial System

Independence of the Judiciary: The judicial system operates independently of the executive and legislative branches, ensuring objective and impartial justice.

Primacy of International Law: Luxembourg recognizes the supremacy of international law over national law, which is reflected in the activities of the Constitutional Court.

In Luxembourg, the process of acquiring real estate for foreign citizens is similar to the procedure for local residents and includes several key stages.

Preliminary Agreement

After selecting a property and negotiating conditions with the seller, a preliminary agreement known as a "compromis de vente" is concluded. This document outlines the obligations of both parties and the main terms of the transaction. Usually, the buyer deposits a down payment of 10% of the property's value into a notary's escrow account.

Document Verification and Legal Expertise

The notary conducts a thorough verification of the property's legal status, including:

- Ownership: Ensure that the seller is the legal owner and has the right to sell the property.

- Encumbrances and debts: Check for the presence of mortgages, liens, or other encumbrances on the property.

- Urban planning regulations: Verify that the property complies with local building and urban planning requirements.

Financing the purchase

Buyers can use their own funds or take out a mortgage loan. However, obtaining a mortgage in Luxembourg can be challenging for foreign nationals without a residence permit. Banks usually require proof of income and official employment in the country.

Final signing of the contract

After completing all inspections and agreeing on terms, the parties sign the final purchase agreement in the presence of a notary. At this stage, the buyer pays the remaining amount, and the ownership rights officially transfer to them.

Registration of the deal and additional expenses

After signing the contract, the notary registers the deal with the relevant government authorities. The buyer incurs additional expenses, including:

- Notary fees: Usually range from 7% to 10% of the transaction value.

- Registration fees and taxes: Include real estate tax (approximately 7% of the transaction amount) and, in the case of the primary market, VAT (15%).

- Insurance: In mortgage lending, insurance is required, the cost of which depends on the loan terms.

Completion of the process

After registering the deal and paying all fees, the buyer becomes the full rightful owner of the property. It is also important to transfer utilities to one's name and, if necessary, notify the relevant authorities of the change of ownership.

Recommendations for foreign buyers:

Consultation with professionals: Seek advice from lawyers and financial consultants specializing in real estate in Luxembourg to ensure compliance with all legal and financial aspects of the transaction.

Understanding tax obligations: Study the tax obligations related to owning and the potential subsequent sale of the property, including capital gains tax.

Take note: Procedures and requirements may change. It is recommended to contact qualified specialists in advance for up-to-date information.

Adoption

Adoption process: Adoption in Luxembourg establishes the same rights and responsibilities between the adopter and the adoptee as between biological parents and children. This process is regulated by both national legislation and international agreements, such as the European Convention on the Adoption of Children of 1967.

Requirements for adoptive parents: Individuals wishing to adopt a child must meet certain criteria set by law. These include age restrictions, financial security, and moral qualities. Certain categories of individuals, such as those deprived of parental rights or declared incompetent, cannot be adoptive parents.

Consent for adoption: Adoption requires the consent of the child's biological parents, if they have not been deprived of parental rights, as well as the child themselves, if they have reached a certain age. In the absence of parents or their incompetence, the decision is made by the guardianship authorities.

Guardianship and Custodianship

Guardianship: Established for children under 14 years old who are left without parental care. The guardian fully replaces the parents in the upbringing and protection of the child's rights. Guardianship can be established by court decision or the guardianship authority.

Custodianship: Applied to children aged 14 to 18. The custodian assists in exercising the minor's rights and responsibilities without restricting their legal capacity. Custodianship is also established by decision of competent authorities.

International Aspects

Luxembourg is a participant in the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption. This ensures cooperation with other countries in adoption matters and the protection of children's rights on an international level.

Rights and responsibilities of adopters and guardians

Adopters: After adoption, adopters acquire all the rights and duties of parents, including upbringing, education, and financial support of the child. The adopted child receives the same rights as biological children, including the right to inheritance.

Guardians and Trustees: Are required to care for the health, education, and overall well-being of the ward. They represent the child's interests in legal matters and ensure their material needs are met. However, guardianship and trusteeship do not create the same legal ties as adoption.

State Supervision

The guardianship and custody authorities monitor the activities of guardians and trustees, ensuring the protection of children's rights and interests. They have the right to check the living conditions of the ward and, if necessary, take measures to protect their rights.

Note: Procedures and requirements may change. It is recommended to consult qualified lawyers or the relevant state authorities for current information.