Übersetzung durch den Sprachendienst des Bundesministeriums der Justiz und Verbraucherschutz.
Translation provided by the Language Service of the Federal Ministry of Justice and Consumer Protection.
Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 5 Absatz 3 des Gesetzes vom 11. Juni 2024 (BGBl. 2024 I Nr. 185)
Version information: The translation includes the amendment(s) to the Act by Article 5 (3) of the Act of 11 June 2024 (Federal Law Gazette 2024 I, No. 185)
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Act on Registered Life Partnerships
(Lebenspartnerschaftsgesetz – LPartG)
Full citation: Act on Registered Life Partnerships of 16 February 2001 (Federal Law Gazette I p. 266), last amended by Article 5 (3) of the Act of 11 June 2024 (Federal Law Gazette 2024 I, No. 185)
This Act was adopted by the German Bundestag as Article 1 of the Act of 16 February 2001 I 266. It entered into force on 1 August 2001 pursuant to Article 5 of this Act.
The Act is compatible with the Basic Law pursuant to Federal Constitutional Court Decision of 17 July 2002, Federal Law Gazette I, p. 3197 (1 BvF 1/01, 1 BvF 2/01).
Part 1
Entering into the life partnership
After 30 September 2017, two persons of the same sex may no longer enter into a life partnership. This Act applies to
1. life partnerships entered into prior to 1 October 2017 in the Federal Republic of Germany, and
2. life partnerships entered into abroad, to the extent that German law is applicable thereto.
Part 2
Effects of the life partnership
Section 2
Community of the life partners
The life partners have a duty to care for and support one another and to shape their lives together. They are responsible for one another.
Section 4
Scope of the duty to exhibit due diligence
The life partners, in performance of the duties that arise from their relationship as life partners, are answerable to one another only for the diligence that they ordinarily exhibit in their own affairs.
Section 5
Duty of life-partner maintenance
The life partners have the mutual duty to maintain appropriately through their work and with their assets the community established upon conclusion of the life partnership. Section 1360 sentence 2, section 1360a, section 1360b and section 1609 of the Civil Code (Bürgerliches Gesetzbuch) apply accordingly.
The life partners live under the property regime of the community of accrued gains unless they agree otherwise in a life-partnership contract (section 7). Section 1363 (2) and sections 1364 to 1390 of the Civil Code apply accordingly.
Section 7
Life-partnership contract
The life partners may regulate their property relations by contract (life-partnership contract). Sections 1409 to 1519 of the Civil Code apply accordingly.
Section 8
Other effects in property law
(1) It is assumed in favour of the creditor of one of the life partners that the movable property in the possession of one or both of the life partners belongs to the debtor. Section 1362 (1) sentences 2 and 3 and section 1362 (2) of the Civil Code otherwise apply accordingly.
(2) Section 1357 of the Civil Code applies accordingly.
Section 9
Stipulations in respect of children of a life partner
(1) If one of the life partners is a parent with sole custody over a child, the other life partner in agreement with the parent exercising custody has the power of codecision in matters relating to the everyday life of the child. Section 1629 (2) sentence 1 of the Civil Code applies accordingly.
(2) In exigent circumstances, the other life partner is entitled to undertake all legal actions that are necessary in order to protect the child’s best interests; the parent exercising custody is to be informed without delay.
(3) The family court may restrict or withdraw the powers pursuant to subsection (1) if such measure is necessary in order to protect the child’s best interests.
(4) The powers pursuant to subsection (1) do not apply if the life partners live apart for a period that is not merely temporary.
(5) If a life partner adopts a child on his own, the consent of the other life partner is required. Section 1749 (1) sentences 2 and 3 and section 1749 (2) of the Civil Code apply accordingly.
(6) A life partner may adopt the child of his life partner alone. In this case, section 1742, section 1743 sentence 1, section 1751 (2) and (4) sentence 2, section 1754 (1) and (3), section 1755 (2), section 1756 (2), section 1757 (2) sentence 1 and section 1772 (1) sentence 1 letter c of the Civil Code apply accordingly.
(1) The surviving life partner of the deceased is statutory heir to one quarter of the estate together with relatives of the first degree, and to one half of the estate together with relatives of the second degree or together with grandparents. If grandparents and descendants of grandparents are alive, the life partner also receives from the other half the share that under section 1926 of the Civil Code would pass to the descendants. In addition, the life partner has the right to the objects belonging to the life partners’ household, to the extent that these do not constitute corporeal fixtures annexed to a plot of land, and to the presents received upon establishment of the life partnership, as a preferential benefit. If the surviving life partner is statutory heir together with relatives of the first degree, the spouse has the right to this preferential benefit only to the extent that he needs it to maintain a reasonable household. The preferential benefit is governed by the provisions that are applicable to legacies. If the surviving life partner is one of the relatives entitled to inherit, he inherits as a relative at the same time. The share of the estate that passes to him on the grounds of his being a relative is deemed to constitute a separate share of the estate.
(2) If there are relatives neither of the first nor of the second degree nor grandparents living, the surviving life partner receives the whole estate. If at the time of the devolution of the estate there was separation of property and if one or two children of the deceased are entitled as statutory heirs together with the surviving life partner, the surviving life partner and each child inherit in equal shares; section 1924 (3) of the Civil Code applies also in this case.
(3) The right of succession of the surviving life partner is excluded if at the time of the death of the deceased
1. the requirements for the dissolution of the life partnership pursuant to section 15 (2) nos. 1 or 2 were satisfied and the deceased had petitioned for or consented to this dissolution, or
2. the deceased had filed a petition pursuant to section 15 (2) no. 3 and this petition was well founded.
In these cases, section 16 applies accordingly.
(4) Life partners may make a joint will. Sections 2266 to 2272 of the Civil Code apply accordingly.
(5) Section 2077 of the Civil Code applies accordingly to a testamentary disposition in which the deceased has made provision for his life partner.
(6) If the deceased has excluded the surviving life partner from succession by disposition in contemplation of death, the latter may demand as his compulsory share half of the value of his statutory share from the heirs. The provisions of the Civil Code governing the compulsory share apply accordingly, whereby the life partner is treated as a spouse.
(7) The provisions of the Civil Code on the inventory for an inheritance that is part of marital property and on the renunciation of inheritance apply accordingly.
Section 11
Other effects of the life partnership
(1) A life partner is considered a member of the family of the other life partner, unless otherwise provided.
(2) The blood relatives of a life partner are considered related to the other life partner by life partnership. The line and the degree of the relationship by life partnership are determined by the line and the degree of the intermediate relationship by blood. Relationship by life partnership continues even if the life partnership by which it was created has been dissolved.
Part 3
Living apart of the life partners
Section 12
Maintenance when life partners are living apart
If the life partners are living apart, one life partner may demand from the other the maintenance that is appropriate in accordance with the life partners' standard of living and circumstances in terms of earnings and assets. Sections 1361 and 1609 of the Civil Code apply accordingly.
Section 13
Allocation of household objects when life partners are living apart
(1) If the life partners are living apart, either of them may demand that the other life partner surrender any of the household objects that belong to him. However, he has a duty to permit the other life partner to continue to use these objects to the extent that the other life partner needs them in order to maintain a separate household and the permission of use is equitable in the circumstances of the case.
(2) Household objects which belong to the life partners jointly are allocated between them in accordance with the principles of equity. The court may determine a reasonable payment for the use of the household objects.
(3) Property relations remain unaffected unless the life partners agree otherwise.
Section 14
Allocation of the home when life partners are living apart
(1) If the life partners are living apart or if one of them wishes to live apart, one life partner may demand that the other permit him sole use of the shared home or part of the shared home, to the extent that this is necessary, while also taking account of the concerns of the other life partner, in order to avoid undue hardship. Undue hardship can also exist if the best interests of any children living in the household are adversely affected. If one life partner is entitled alone or together with a third party to the ownership of, or a heritable building right or usufruct in, the plot of land on which the shared home is situated, special account must be taken of this; similar provisions apply to home ownership, a dwelling entitlement sine die, or a dwelling entitlement in rem.
(2) If the life partner against whom the petition is directed has unlawfully and intentionally injured the body, health or liberty of the other life partner or has unlawfully threatened such an injury or injury to life, then, as a general rule, the whole home is to be surrendered for sole use. The right to surrender of the home is excluded only if no further injuries and unlawful threats are to be feared, unless the injured life partner cannot be expected to continue to live together with the other by reason of the severity of the act.
(3) If the shared home has been surrendered in whole or in part to one life partner, the other life partner must refrain from everything that is suitable to render more difficult or defeat the exercise of this right of use. The other life partner may demand payment for the use from the life partner with the right of use, insofar as this is equitable.
(4) If a life partner moves out of the shared home in order to live apart, and if within six months after moving out he has not notified the other life partner of a serious intention to return, it is irrebuttably presumed that he has permitted the life partner who remained in the shared home the sole right of use.
Part 4
Dissolution of the life partnership
Section 15
Dissolution of the life partnership
(1) The life partnership may be dissolved by judicial decision upon the petition of one or both of the life partners.
(2) The court is to dissolve the life partnership if
1. the life partners have lived apart for a year and
a) both life partners petition for the dissolution or the respondent consents to the dissolution or
b) it cannot be expected that the community of the life partners can be restored,
2. one of the life partners petitions for the dissolution and the life partners have lived apart for three years,
3. the continuation of the life partnership would be an unreasonable hardship for the petitioner for reasons that lie in the person of the other life partner.
Furthermore, the court is to dissolve the life partnership if one of the life partners lacked free will within the meaning of section 1314 (2) nos. 1 to 4 of the Civil Code; section 1316 (1) no. 2 of the Civil Code applies accordingly.
(3) The life partnership is not dissolved pursuant to subsection (2) sentence 1 despite the fact that the life partners have lived apart for more than three years if and for as long as dissolution of the life partnership, on the grounds of extraordinary circumstances, would represent such severe hardship for the respondent who rejects the dissolution that, exceptionally, it seems advisable, while also taking account of the concerns of the other life partner, to maintain the life partnership.
(4) The annulment pursuant to subsection (2) sentence 2 is not possible upon confirmation of the life partnership; section 1315 (1) sentence 1 nos. 3 and 4 and section 1317 of the Civil Code apply accordingly.
(5) The life partners are deemed to be living apart if there is no domestic community between them and one of the life partners recognisably does not intend to create this community because he rejects the community established between the life partners through conclusion of the life partnership. Section 1567 (1) sentence 2 and section 1567 (2) of the Civil Code apply accordingly.
Section 16
Post-partnership maintenance
After dissolution of the life partnership, each life partner is responsible for providing for his own maintenance. If he is not in a position to do this, he has a claim for maintenance against the other life partner only pursuant to sections 1570 to 1586b and 1609 of the Civil Code.
Section 17
Treatment of the shared home and household objects on the occasion of dissolution of the life partnership
Sections 1568a and 1568b of the Civil Code apply accordingly to the treatment of the shared home and the household objects on the occasion of dissolution of the life partnership.
Section 20
Equalisation of pension rights
(1) If a life partnership is dissolved, an equalisation of rights existing in Germany or elsewhere takes place in accordance with the Act on the Equalisation of Pension Rights (Versorgungsausgleichgesetz) (section 2 (1) of the Act on the Equalisation of Pension Rights) to the extent that these rights were founded or maintained in the period during which the life partnership existed.
(2) The period during which the life partnership existed runs from the beginning of the month in which the life partnership was entered into up until the end of the month prior to that in which the petition for dissolution of the life partnership becomes pending.
(3) If the life partners conclude agreements on the equalisation of pension rights in a life-partnership contract (section 7), sections 6 to 8 of the Act on the Equalisation of Pension Rights apply accordingly.
Subsections (1) to (3) are not applicable if the life partnership was concluded prior to 1 January 2005 and the life partners have not issued declarations pursuant to section 21 (4).
Conversion of a life partnership into marriage
Section 20a
Conversion of a life partnership into marriage
(1) A life partnership is converted into marriage where both life partners, being present at the same time, declare in person before a registrar that they wish to maintain a marriage with one another. The conversion is subject to the provisions on the entering into and annulment of a marriage. Following conversion, the life partnership is continued as marriage.
(2) Upon conversion of a life partnership into marriage, a family name may no longer be determined if the life partners have previously determined a life-partnership name pursuant to section 3.
(3) Following the conversion of a life partnership into marriage, a life-partnership contract continues to apply as a marriage contract.
(4) The conversion of a life partnership into marriage does not have any effect on a joint will made pursuant to section 10 (4).
(5) Following the conversion of a life partnership into marriage, the day upon which the life partnership was entered into is determinative with regard to the rights and obligations of the spouses.
(6) Following the conversion of a life partnership into marriage, the first day of the month in which the life partnership was entered into is considered as the start of the marriage period for the equalisation of pension rights.
Section 21
Application of provisions of the law on marriage to life partnerships
Provisions on spouses and marriages that enter into force after 22 December 2018 apply accordingly to life partners and life partnerships, to the extent that no other stipulations have been made.
The offices that were responsible for the conclusion of life partnerships pursuant to Land law prior to the entering into force of this Act transfer all matters initiated at these offices in respect of all life partnerships to the registry office that would have been responsible pursuant to section 17 of the Civil Status Act (Personenstandsgesetz) for receiving the declarations of the life partners. If, pursuant to section 17 of the Civil Status Act, several registry offices are responsible, the documents are transferred to the registry office in the district where both life partners have their domicile or habitual residence; if the life partners do not share a domicile or habitual residence, the registry office in the district where one of the life partners has his domicile or habitual residence is responsible. If, also pursuant to the second sentence above, several offices are still responsible, the authority that is transferring the matter is free to choose from the responsible registry offices. The registrar of the registry office that is responsible pursuant to the above criteria enters the information specified in section 17 in conjunction with sections 15 and 16 of the Civil Status Act into a separate register of life partnerships, accompanied by a reference to the authority at which the life partnership was entered into.
Section 23
Derogating responsibilities pursuant to Land law
The Länder may stipulate, in derogation from sections 3 and 9, that the relevant declarations are to be made not to a registrar but to another registry clerk or to another authority; existing provisions of Land law remain unaffected. The responsible authorities are obliged to communicate to the responsible registry office the information required for making an entry in the register of life partnerships. They also have the power to transfer personal data ex officio to public offices of the Federation, Länder and local authorities where these offices require this data within the scope of their functions in order to supplement, correct and maintain documents.