Luxembourg

Art. 264. 

(L. July 4, 1967) Will be punished with a fine of 251 euros to 5,000 euros, the registrar who neglected to state in the marriage certificate the consents prescribed by law; 

Who proceeded to the celebration of a marriage without being sure of the existence of these consents; 

(L. of August 10, 2018) Repealed paragraph 

Art. 265. 

(L. July 4, 1967) Will be punished by imprisonment of three months to one year and a fine of 500 euros to 5,000 euros, the registrar who celebrated a marriage against the will of persons whose consent is required. 

Art. 267. 

Will be punished with a fine of 500 euros to 5,000 euros any minister of a cult who will proceed to the blessing wedding ceremony before the celebration of civil marriage. In the event of a new offense of the same kind, he may also be sentenced to imprisonment. from eight days to three months. 

Art. 327. 

(L. June 29, 1984) Anyone who has, either verbally, in writing anonymously or signed, or by any other analogous procedure, with order or condition, threatened with an attack on persons or property, punishable by a criminal penalty, will be punished by imprisonment from six months to five years and a fine from 500 euros to 5,000 euros. 

The threat, either verbal, in writing anonymously or signed, or by any other similar process, of an attack against people or property, punishable by a criminal penalty, not accompanied by order or condition, will be punished by imprisonment of three months to two years and a fine of 500 euros to 3,000 euros. 

In the cases provided for by this article, the culprit may, moreover, be condemned to the prohibition, in accordance with in Article 24. 

Art. 329. 

(L. September 8, 2003) The threat by gestures or emblems of an attack on property, punishable of a criminal penalty, will be punished by imprisonment of eight days to three months and a fine of 251 euros to 1,000 euros. 

The threat by gestures or emblems of an attack against people, punishable by a criminal penalty or imprisonment for at least six months, shall be punished with imprisonment for three months at a year and a fine of 251 euros to 3,000 euros. 

Art. 330. 

(L. June 29, 1984) The threat made either verbally, in writing anonymously or signed, with order or under condition, of an attack against people or property, punishable by imprisonment for eight days at least, will be punished by imprisonment of eight days to three months and a fine of 251 euros to 1,000 euros. 

Art. 330-1. 

(L. September 8, 2003) The minimum penalties imposed by articles 327, 329 and 330 will be high in accordance with Article 266, if the culprit has committed the threat of an attack on 

(1) the spouse or divorced spouse, the person with whom he lives or has habitually lived; 

2 ° of a legitimate or natural ascendant or of one of his adoptive parents; 

3 ° of a legitimate, natural or adoptive descendant; 

4 ° of a brother or sister; 

5 ° of a legitimate or natural ascendant, of one of the adoptive parents, of a descendant, of a brother or of a sister of a person referred to under 1 °; 

6 ° a person whose particular vulnerability, due to his age, to an illness, an infirmity, physical or mental impairment or in a state of pregnancy, is apparent or known to their author; 

(7) a person who is bound in his regard by ties of subordination 

Art. 371. 

(L. November 29, 1982) The kidnapper who will have married the minor he has kidnapped or had kidnapped, and those who will have participated in the kidnapping can only be prosecuted after the nullity of the marriage has been definitively pronounced. In this case a new complaint is not necessary. 

Art. 377. 

(L. February 21, 2013) The minimum penalties imposed by the previous articles will be raised in accordance with article 266 and the maximum may be doubled: 

1 ° when the rape or indecent assault is committed by a legitimate, natural or adoptive ascendant, or by any other person having authority over the victim; 

2 ° when the rape or indecent assault is committed by a person who abuses the authority confer their functions; 

3 ° when the rape or indecent assault is committed by several people acting as perpetrator or as an accomplice or as part of a criminal organization; 

4 ° when the rape or indecent assault is committed with the use or threat of a weapon, or is accompanied acts of torture or has caused serious harm to the child; 

5 ° when the victim is – a person whose particular vulnerability, due to his age, to an illness, to an infirmity, to physical or mental impairment or in a state of pregnancy, is apparent or known to the author, 

– the spouse or divorced spouse, the person with whom the author lives or has habitually lived, 

– a legitimate, natural or adoptive ascendant of the author, 

– a brother or a sister, 

– a legitimate or natural ascendant, one of the adoptive parents, a descendant, a brother or a sister of a person referred to in indent 1 

Article 389 

Someone who, by violence or menace, constrains someone to contract a marriage or partnership is punished by imprisonment from one year to four years and a fine of 20,000 euros to 40,000 euros, or one of these penalties only 

Art. 391bis. (L. of June 27, 2018) 

Will be punished with imprisonment of one month to one year and a fine of 251 euros to 2,500 euros or one of these penalties only one of the parents who withdraws with regard to his children, from all or part of the maintenance obligations, to which he is bound by law, or because he has refused to fulfill these obligations while he was in a position to do so, or because of his own fault he was unable to fulfill them. The same will apply to the obligations of the spouses to each other, as well as to those of the adopter with regard to the adopted. In the same circumstances these penalties are pronounced against any other person who will be in default to provide maintenance to which it was required either by virtue of an irrevocable judicial decision or enforceable by provision, or by virtue of an agreement entered into between spouses in matters of divorce by mutual consent. The prosecution of infringements will be preceded by an arrest, recorded by report, of the debtor of food by a Grand Ducal police officer. If the maintenance debtor has no known residence interpellation is not required. 

Art. 462. 

Thefts committed by spouses to the prejudice of their family will only give rise to civil damages. spouses; by the surviving spouse, as to things which had belonged to the deceased spouse; by descendants to the detriment of their ascendants; by ascendants to the detriment of their descendants, orby allies to the same degree. 

Anyone else who participated in these thefts or concealed all or part of the stolen objects will be punished as if the above provision did not exist. 

Art. 409. 

(L. September 8, 2003) Will be punished with imprisonment of six months to five years and a fine of 251 euros to 5,000 euros, anyone who willfully inflicted injuries or beatings. 

1 ° to the spouse or divorced spouse, to the person with whom he lives or has habitually lived; 

2 ° to a legitimate or natural ascendant or to one of his adoptive parents; 

3 ° to a legitimate, natural or adoptive descendant of fourteen years or more; 

4 ° to a brother or sister; 

5 ° to a legitimate or natural ascendant, to one of the adoptive parents, to a fourteen-year-old descendant completed, to a brother or sister of a person referred to under 1 °; 

6 ° to a person whose particular vulnerability, due to his age, to an illness, an infirmity, physical or mental impairment, or in a state of pregnancy, is apparent or known to their author; 

7 ° to a person bound by ties of subordination. 

When the assault or battery has been premeditated, the penalties will be imprisonment from one to five years and a fine of 501 euros to 5,000 euros. 

If the intentional assault or battery referred to in paragraph 1 has resulted from an illness or incapacity of personal work, the penalties will be imprisonment from 1 year to 5 years and a fine of 501 euros to 25,000 euros in the absence of premeditation and, if not, imprisonment from 5 to 10 years and one fine of 1,000 euros to 30,000 euros. 

If the intentional assault or battery referred to in paragraph 1 is the result of a seemingly incurable disease, either a permanent incapacity for personal work, or the loss of absolute use of an organ, or a serious mutilation, the penalties will be imprisonment from 10 years to 15 years and a fine of 2,500 euros to 50,000 euros in the absence of premeditation and, if not, imprisonment from 15 to 20 years and a fine from 3,000 euros to 50,000 euros. 

If the assault or battery referred to in paragraph 1 has caused death, without intention to kill, the culprit will be punished with imprisonment from 20 to 30 years, in the absence of premeditation of these acts of violence, and life imprisonment, otherwise. 

If the assault or battery referred to in this article has been committed against a person with which the guilty cohabits, the court may also pronounce against the convicted person all or part of the following prohibitions: 

– the prohibition to approach the accommodation of the victim more than a distance to be determined; 

– the ban on contacting the victim; 

– the prohibition to approach the victim from more than a distance to be determined. 

 

Art. 144. 

(L. July 4, 2014) No one may contract marriage before the age of eighteen. 

No one can contract marriage by proxy. 

Art. 145. (L. of June 27, 2018) 

The family court may, for serious reasons, lift the prohibition as provided for in paragraph 1 st of Article 144. The request is made either by the parents, or by one of them, or by the guardian, or by the minor himself 

The family court judge is referred in accordance with the provisions of articles 1007-1 et seq. New Code of Civil Procedure. 

Art. 146. 

There is no marriage when there is no consent. 

Art. 146-1. 

(L. July 4, 2014) There is no marriage when, although formal consents have been given in In view of this, it appears from a combination of circumstances that the intention of at least one of the spouses is clearly not the creation of a sustainable community of life, but aims only to obtain an advantage in terms of residence, linked to the status of spouse. 

Art. 146-2. 

(L. July 4, 2014) There is no marriage either when it is contracted without free consent of both spouses or that the consent of at least one of the spouses was given under violence or the threat. 

Art. 148. (L. of June 27, 2018) 

A minor cannot contract marriage without the consent of his parents. 

This consent is recorded by the family court judge seized of the request for exemption from age. 

If the parents refuse their consent, the judge can authorize the marriage if he considers the refusal to be unfounded. 

If the parents are deceased, if they are unable to express their will due to their incapacity or in their absence, the judge can authorize the marriage. 

If one of the parents refuses his consent, the family court judge may authorize the marriage if he judges the unfounded refusal. The parent who does not appear is considered not to have consented to the marriage. 

If one of the parents is deceased, if he is unable to express his will due to his incapacity or of his absence and the other refuses his consent, the judge can authorize the marriage if he judges the refusal unfounded 

Art. 172. 

The right to oppose the celebration of marriage belongs to the person entered into by marriage with one of the two contracting parties. 

Art. 173. 

(L. July 4, 2014) The parents or one of the parents and, failing this, the ascendants may object to the marriage of their children and descendants, even adults. 

After judicial release of an opposition to marriage filed by an ascendant, no news opposition formed by an ascendant is not admissible nor may delay the celebration. 

Art. 174. (L. of June 27, 2018) 

In the absence of any ascendant, the brother or sister, uncle or aunt, first cousin or cousin, adults, can not form any opposition except when it is based on the state of dementia of the future spouse. 

This opposition, which the family court judge can release outright, is never received only at the charge, by the opponent, of causing the prohibition and of having a ruling within the time limit set by judgment. 

Art. 175-1. 

(L. July 4, 2014) The State Prosecutor can file an opposition in cases where he could request the nullity marriage. 

Art. 180. 

(L. July 4, 2014) Marriage that was contracted without the free consent of both spouses, or of one of them, can only be attacked by the spouses, or by the one of the two whose consent was not free or by the state prosecutor. The exercise of coercion on the spouses or on one of them, including by reverential fear towards an ascendant, constitutes a case of nullity of the marriage. 

When there is an error in the person, the marriage can only be attacked by the one of the two spouses who has been misled. 

Art. 181. 

(L. July 4, 2014) In the case of the preceding article, the nullity request is no longer admissible every time. 

once there has been continuous cohabitation for one year since the spouse acquired full freedom or the error was recognized by him. 

Art. 182. 

(L. July 4, 2014) Marriage contracted without the consent of the persons provided for in article 148, in the case where this consent was necessary, can only be attacked by them, or by that of both spouses who needed that consent. 

Art. 183. 

(L. July 4, 2014) The nullity action cannot be brought by the spouses or by the parents whose consent was required, whenever the marriage was expressly or tacitly approved by those whose consent was required, or when a year has passed without a claim of their share, since they learned of the marriage. It cannot be brought either by the spouse, when a year has passed without any complaint on his part, since he reached the competent age to consent by itself at marriage. 

Art. 184. 

(L. July 4, 2014) Any marriage contracted in contravention of the provisions contained in articles 144, 146, 146-1, 146-2, 147, 161, 162, 163 and 165 can be attacked either by the spouses themselves or by all those who have an interest in it, or by the public prosecutor. 

Art. 185. 

(L. July 4, 2014) However, marriage contracted by spouses who were not yet of the required age or one of the two had not reached this age, can no longer be attacked: 

(1) when one year has elapsed since that spouse or the spouses reached the required age; 

2 ° when the woman who was not this age, conceived with her spouse before the expiration of one year. 

Art. 186. 

(L. July 4, 2014) That of the parents who consented to the marriage contracted in the case of the preceding article, is not admissible to request its nullity 

Art. 191. 

(L. July 4, 2014) Any marriage which has not been contracted publicly, and which has not been celebrated in front of the competent public officer, can be attacked by the spouses themselves, by the parents, by the ascendants, and by all those who have a born and present interest in it, as well as by the public prosecutor. 

Art. 192. 

(L. July 4, 2014) The registrar who does not comply with the requirements of the provisions of this title is punishable by the penalties provided for in article 264 of the Penal Code. 

Art. 194. 

(L. July 4, 2014) No one can claim the title of spouse and the civil effects of the marriage, unless he represents an act of celebration entered in the register of civil status; except in the cases provided for in article 46, under the terms of civil status documents “ 

Art. 212. 

(L. July 4, 2014) The spouses owe each other fidelity, help, assistance. 

Art. 213. (L. of June 27, 2018) 

The spouses work together in the interest of the family to ensure its moral and material direction, to provide to its maintenance, to bring up the children and to prepare their establishment. 

If one of the spouses seriously fails in their duties or jeopardizes the interests of the family, the other spouse may exercise the recourse regulated by articles 1012 to 1017 of the New Code of Civil Procedure. 

If one of the parents dies or is deprived of the exercise of his parental authority, if he is incapable of manifest their will due to their incapacity, absence or any other cause, the other (s) exercise parental authority. 

Art. 214. 

(L. July 4, 2014) If the marriage contract does not regulate the contribution of the spouses to the expenses of the marriage, they contribute in proportion to their respective faculties They pay their contribution through their professional or domestic work, through contributions in marriage and by the withdrawals they make from their personal property. 

If one of the spouses pays his contribution through his activity at home, the other is obliged to provide him with everything what is necessary for the needs of life, according to his faculties and his condition. 

If one of the spouses does not fulfill his obligations, he may be forced to do so by the other spouse in the provided for in article 1011 of the New Code of Civil Procedure 

Art. 216. 

(L. July 4, 2014) Marriage does not modify the legal capacity of the spouses, except in the case of application of section 476; however, their powers may be limited by the matrimonial regime and by law. 

Art. 223. (L. of June 27, 2018) 

Each spouse has the right to exercise a profession, industry or trade without consent spouse. 

However, if the spouse considers that this activity is likely to seriously  rejudice his interests moral or material or to those of minor children for whom at least one of the two spouses exercises parental authority, he has a right of appeal to the family court judge. 

The provision of the preceding paragraph is not applicable to the exercise of public functions and mandates. 

If the profession, industry or trade are not yet exercised on the day of the appeal, the spouse shall not may begin to exercise this before the family court judge has ruled on the matter, unless he was decided otherwise by another family court judge sitting in summary proceedings. 

An extract from the irrevocable judicial decision prohibiting the spouse from carrying on a business or profession or industry of a commercial nature as well as an extract of the objection made by this spouse in accordance with paragraph 4 and the irrevocable decision rendered on this opposition are transmitted by the clerk of the family court judge having ruled on the chief clerk of the district court which is required to mention them in the trade register. 

An extract from the irrevocable judicial decision prohibiting the spouse from exercising a profession or industry of a non-commercial nature as well as an extract of the opposition made by this spouse in accordance with paragraph 4 and the irrevocable decision rendered on this opposition are transmitted by the clerk of the judge to the family cases having ruled at the general prosecutor’s office for conservation in the civil register and registration in a file. 

Art. 224. 

(L. July 4, 2014) Each of the spouses receives their earnings and salaries and the fruits of their own assets and can dispose of them freely after having discharged the marriage charges  

Art. 227. 

(L. July 4, 2014) The marriage dissolves: 

1 ° by the death of one of the spouses; 

2 ° by the divorce judgment having the force of res judicata. 

Art. 229. 

Divorce can be pronounced in the event of: 

1 ° either by mutual consent; 

2 ° or of irremediable rupture of marital relations. 

Art. 230. 

Divorce by mutual consent can be requested jointly by the spouses when they agree on marriage breakdown and its consequences. 

Spouses who file for divorce by mutual consent submit for court approval an agreement regulating: 

1 ° the residence of each of the spouses during the proceedings; 

2 ° the administration of the person and the property of common minor children, unmarried or emancipated, both during the proceedings and after the divorce, in accordance with the rules defined in the Titles IX and X, Book I er ; 

3 ° the contribution of each of the spouses to the maintenance and education of the common children, without prejudice obligations under Chapter V of Title V of Book I st ; 

4 ° any alimony to be paid by one of the spouses to the other, during the procedure and after divorce. The pension is no longer due automatically in the event of remarriage or partnership within the meaning of the amended law of July 9, 2004. It is revocable on request in the event of any other community of life of the creditor with a third party. Are presumed to live in community of life 

people who live in a common household. Alimony can be reviewed on request in the event of deterioration of the situation of the creditor or debtor of the pension, provided however, that this deterioration be independent of the will of the party on whose behalf it is location. By way of derogation from the above, when the spouses agree on the payment of the pension food in capital, it is neither revisable nor revocable. 

The agreement is drawn up by one or more attorneys at the Court or notary (s). Spouses are required to do beforehand by notary inventory and estimate of all their movable and immovable property, and to settle their respective rights, on which they will nevertheless be free to compromise. The valuation of the goods will be done, in case of agreement, according to the declarations of the spouses, if not by appraisal. When there are no assets to share between spouses, the spouses will make the statement in the agreement referred to in paragraph 1 st and no notarial act will be drawn up. 

Art. 232. 

Divorce for irretrievable breakdown of conjugal relations can be requested by one of the spouses or, when there is agreement as to the principle of divorce, by both jointly 

Art. 234. 

Each of the spouses can request interim measures relating to the person, maintenance and property, both spouses and children. 

Art. 246. 

The court may impose on one of the spouses the obligation to pay alimony to the other. The alimony is set according to the needs of the spouse to whom it is paid and within the limits of the faculties contributions of the other spouse. If the spouses agree, the court may decide that the pension is paid in capital, the amount and terms of which it fixes. The amount of capital equals the amount of monthly alimony determined on the date of the divorce pronouncement on the basis of article 247, multiplied by the duration, in months, of the marriage 

Art. 250. 

The spouse convicted, by a decision having acquired the force of res judicata, for an offense referred to in Articles 372, 375, 376, 377, 393, 394, 396, 397, 398, 399, 400, 401, 401 bis , 402, 403, 404, 405 and 409 of Criminal Code committed during marriage against the other spouse or a child living in the same household or for an attempt to commit an offense referred to in Articles 372, 375, 376, 377, 393, 394, 396, 397, 401, 403, 404 and 405 of the Penal Code against the same persons during the marriage loses, on request from the other spouse, any right to alimony. 

Art. 251. 

The spouse convicted by a decision having acquired the force of res judicata for an offense referred to in Articles 372, 375, 376, 377, 393, 394, 396, 397, 398, 399, 400, 401, 401 bis , 402, 403, 404, 405 and 409 of Criminal Code committed during marriage against the other spouse or a child living in the same household or for an attempt to commit an offense referred to in Articles 372, 375, 376, 377, 393, 394, 396, 397, 401, 403, 404 and 405 of the Penal Code against the same persons during the marriage loses, on asks the other spouse, the marital advantages that this one had given him. The other spouse keeps the advantages made to him, although they had been stipulated reciprocal, and that reciprocity had not taken place. 

If the matrimonial advantages granted to the condemned spouse have been liquidated within the framework of the liquidation and the division of the matrimonial regime, the court may award the other spouse damages amount equivalent to the value of the marital benefits thus liquidated  

Art. 253. 

When one or more common children are under the age of twelve on the date of delivery of the divorce, the court may, at the request of the spouse exercising alone or jointly parental authority and with of which these children have their main residence, grant them the enjoyment of the family accommodation that they it is a common good or a good belonging to the other spouse. 

The court can only grant the enjoyment of the family home when the children under the age of twelve years completed on the date of the divorce pronouncement usually reside there and their best interests order him. 

The attribution of the enjoyment cannot go beyond two years from the pronouncement of the divorce. The decision granting the enjoyment of the family home fixes the amount of the occupancy allowance. The court can cancel the enjoyment of the family home if new circumstances justify it 

Art. 372-1. (L. of June 27, 2018) 

Any act of parental authority, whether of a customary or non-customary nature, requires the agreement of each of the parents when they jointly exercise parental authority. 

This agreement is not presumed for unusual acts. 

In the event of a disagreement, the most diligent parent applies to the court which rules according to what is required in the best interests of the child. 

Art. 372-2. (L. of June 27, 2018) 

Each of the parents contributes to the maintenance and education of their children in proportion to their resources, those of the other parent, as well as the needs of the child. 

This obligation does not automatically cease when the child is of legal age 

Art. 375. (L. of June 27, 2018) 

The parents jointly exercise parental authority. 

However, when filiation is legally declared with regard to the second parent of the child, the defendant in an action to establish filiation, the parent to whom filiation was first established remains alone vested with the exercise of parental authority, subject to a different decision taken by the judge in consideration of the best interests of the child. 

Parental authority may nevertheless be exercised jointly in the event of a joint declaration by the parents before the tribunal 

Art. 376. (L. of June 27, 2018) 

The separation of parents has no effect on the rules for devolving the exercise of parental authority. 

Each of the parents must maintain personal relations with the child and respect the bonds of the child here with the other parent 

Art. 376-1. (L. of June 27, 2018) 

If the best interests of the child so require, the court may entrust the exercise of parental authority to one of both parents. 

The exercise of visitation and accommodation rights may only be refused to the other parent for serious reasons. 

The parent, deprived of the exercise of parental authority, retains the right and the duty to supervise the maintenance and education of the child. He must be informed of the important choices relating to the latter’s life. He must respect the obligation incumbent on it by virtue of article 372-2. 

When the best interests of the child so require or when the direct delivery of the child to the other parent presents a danger for one of them, the court organizes the modalities so that it presents all the necessary guarantees. 

It may provide that the delivery takes place in a meeting space designated by the court, or with the assistance of a trusted third party or the representative of a qualified legal person. 

Art. 376-2. (L. of June 27, 2018) 

In the event of separation of the parents or between them and the child, the contribution to his maintenance and his education takes the form of alimony paid, as the case may be, by one of the parents to the other or to the person to which the child is entrusted 

This pension may in whole or in part take the form of direct payment of costs incurred by the benefit of the child. 

It can be fully or partially served in the form of a right of use and habitation. 

The terms and guarantees of this alimony are set by the approved agreement referred to in article 377 or, failing that, by the court. 

Art. 476. 

The minor is automatically emancipated by marriage. 

Art. 767. 

(L. June 19, 1984) The surviving spouse who is not divorced and against whom there is no judgment of separation of a body which has become res judicata is called to the succession of the predeceased spouse under the conditions fixed by the following articles 

Art. 1400. 

The community which is established in the absence of a contract or by simple declaration that one is marrying under the community, is subject to the rules explained in the following three sections. 

Art. 1497. 

The spouses can, in their marriage contract, modify the legal community by any kind of agreements not contrary to articles 1387, 1388, 1389. 

They may in particular be suitable: 

1 ° that the community will include furniture and acquests; 

2 ° that the rules concerning administration will be waived; 

3 ° that one of the spouses will be able to take certain goods in return for compensation; 

4 ° that one of the spouses will have a precipitate; 

5 ° that the spouses will have unequal shares; 

6 ° that there will be a universal community between them. 

The rules of the legal community remain applicable in all points which have not been the subject of the agreement of the parties. 

Art. 1536. 

When the spouses have stipulated in their marriage contract that they will be separated from property, each of them retains the administration, enjoyment and free disposal of his personal property. 

Each of them remains solely liable for debts arising in his person, before or during the marriage, except in the case of of article 220. 

Art. 1569. 

When the spouses have declared to marry under the regime of participation in acquests, each of them retains the administration, enjoyment and free disposal of his personal property, without distinguishing between those which belonged to him on the day of the marriage or have since become his by inheritance or liberality and those which he acquired during the marriage for valuable consideration. During the marriage, this diet works as if the spouses were married under the regime of separation of property. When the regime is dissolved, each of the spouses has the right to participate for half in value in the net acquisitions recorded in the the other, and measured by the double estimate of the original heritage and the final heritage. 

The right to participate in acquests is not transferable as long as the matrimonial regime is not dissolved. If the dissolution occurs by the death of a spouse, his heirs have, on the net acquisitions made by the other, the same rights as their author.