Divorce in Luxembourg

Divorce in Luxembourg

Updated on Friday 14th December 2018

Rate this article

based on 1 reviews.

Divorce-in-Luxembourg.jpgLuxembourg has legally provided for the procedure of divorce since two centuries ago. The family legislation which is comprised in the Civil Law provides for divorce in the Grand Duchy. However, it is worth noting the divorce and separation rates are some of the lowest in Luxembourg compared to other European countries.

Luxembourg recognizes both divorce and separation, as seen above. However, only through divorce, the parties are legally allowed to remarry. Our attorneys in Luxembourg can offer more information on the Civil Law and its provisions related to divorce procedures.

Types of divorce in Luxembourg

The Luxembourg Family Law provides for the following three types of divorce:

  • -          the mutual divorce which is consented by both spouses;
  • -          divorce on the grounds of fault, which implies the use of violence by one of the spouses, case in which the other spouse has the right to file for the dissolution of the marriage;
  • -          divorce on the grounds of separation.

In the last type of divorce one of the spouses can invoke as reasons for marriage dissolution the following:

  • -          the spouses have not lived together for the last 3 years;
  • -          one of the spouses is mentally incapacitated for at least 5 years, which allows the other party to file for divorce.

You can benefit from legal assistance in divorce matters offered by our Luxembourg lawyers.

How to obtain a divorce in Luxembourg

Divorce can only be obtained with a Court of Justice in Luxembourg based on a petition. Divorce hearings are dealt with by District Courts in the Grand Duchy. However, mediation can be used in the case of property division and child custody resulting after the divorce was pronounced.

Apart from the mutual divorce, the parties must have the petition filed by a lawyer or a law firm in Luxembourg, according to the law.

In case the divorce is by mutual consent, the parties must agree upon the separation of the estate and must file the document showing how the division will be made with the court prior to the commencement of the hearings. If the couple also has children, arrangements regarding their custody must also be made.

For full information on the divorce procedures in Luxembourg, please contact our law firm. You can also rely on our lawyers in Luxembourg for assistance in other civil matters.