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Family Law in Luxembourg

Family Law in Luxembourg

Updated on Friday 14th December 2018

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Insolvency-Law-in-Luxembourg.jpgLuxembourg does not have a specific legislation covering family matters. The only source of law on family is the Luxembourg Civil Law. Litigation related to family issues is governed by the Civil Procedure Code which provides for the actions to be taken in case of divorce or child custody. The Civil Law provides for the following:

  • -          the protection of minors;
  • -          adoption;
  • -          duties of those who adopt children.

With respect to marriage, Luxembourg has recently amended its legislation through the 4th of July Law on Reforming Marriage.

Our lawyers in Luxembourg can offer more information about the Civil Code and its provisions on family legislation.

Marriage in Luxembourg

Foreign citizens are allowed to get married in Luxembourg provided that one of the spouses is a Luxembourg citizen. Both civil and religious marriage ceremonies are allowed, however, the civil marriage must take place first. Also, the couple must announce their marriage 10 days before the ceremony to the local authorities in one of the future spouse’s place of residence.

When it comes to family laws, the Civil Code also provides for the matrimonial regime in case of inheritance. The law acknowledges three matrimonial regimes in Luxembourg:

  • -          joint ownership;
  • -          separate ownership;
  • -          statutory regime.

Also, once a couple gets married, the spouses will be taxed on their joint income, according to the Luxembourg legislation.

Divorce and child custody in Luxembourg

The Luxembourg Civil Procedure Code provides for family litigation cases and establishes that upon the breakdown of a marriage the couple can file for separation or divorce. While separation means the two spouses to live apart without ending the marriage, divorce implies the end of the marriage. There are three types of divorce in Luxembourg:

  • -          by mutual consent;
  • -          for reasons of fault;
  • -          for reasons of breakdown of the marriage.

With respect to child custody, the law does not provide for joint custody. Only one of the parents will get custody, while the other will receive visiting rights. The Luxembourg court will also rule for both parents to contribute to the children’s wellbeing and education.

For assistance in family litigation cases, do not hesitate to contact our law firm in Luxembourg.