Divorce Lawyer in Luxembourg
Divorce in LuxembourgUpdated on Monday 12th April 2021
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Luxembourg 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.
What to consider when filing for divorce in Luxembourg
After the grounds for divorce have been established, there are a few aspects to consider before filing for the beginning of the legal proceedings. Among these, the following are noteworthy:
- the divorce hearings will be completed following the law of the state in which the spouse have their ordinary residence;
- in the case of foreign citizens who live in Luxembourg, the law of their home country can also apply on request of one of the spouses;
- one of the spouses must file for divorce, however, the procedure must be begun by a divorce lawyer through a petition with a district court in Luxembourg;
- at least one of the spouses must live in Luxembourg at the time the procedure begins.
If you are foreign citizen and want to start the legal procedures for terminating a marriage in the Grand Duchy, our divorce lawyer in Luxembourg can assist you.
The divorce by mutual consent in Luxembourg
Those who want to obtain a divorce by mutual consent in Luxembourg can now benefit from a simplified procedure, which no longer implies a minimum age and duration of the marriage, as the parties can appear before the judge once after they have agreed on the terms related to child custody (where applicable) and the division of assets. Then, they will file a request with the judge followed by a response within 15 days. After this, the hearing will take place within maximum 6 weeks.
It should be noted that petition must be filed by a divorce lawyer in Luxembourg.
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.
If you need legal advice on separation matters, our divorce lawyer in Luxembourg is at your disposal with detailed information.
The new legislation on divorce in Luxembourg
In 2018, a Family Law was amended so that all divorce matters are now united under it. Separation, divorce and marriage annulment were all gathered under the new law which also provides for the fact that such legal affairs will be dealt with one of the judges in Luxembourg city and Diekirch. Also, only one judge will try such a case and our divorce lawyers can provide the needed legal assistance in such a case.
Another change in the Family Law provides for the reduction of legal grounds of divorce from three to two.
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. If you need guidance on the Family Law related to the termination of marriage, you can rely on our divorce lawyer in Luxembourg.
Divorce at fault in Luxembourg
When one of the spouses has suffered from abuse or ill-treatment in a marriage, a petition for a divorce at fault can be started. In this case, the following must be proven:
- one of the spouses has seriously violated the duties and obligations of the marriage;
- one of the spouses has repeatedly mistreated the other party.
The procedure will start with the divorce lawyer in Luxembourg filing a petition with the relevant court and will imply the following steps:
- the other party will be notified about the petition;
- then, the investigation of the ground for divorce will begin which implies the verification of evidence submitted by both patties.
Based on written pleas and testimonies, the judge will rule over the divorce petition.
Documents to submit when filing for divorce in Luxembourg
Those who want to get divorced in Luxembourg must file various documents in accordance with the type of marriage termination sought.
No matter the divorce reason and evidence that need to be prepared, the marriage certificate and identification papers of the spouses are mandatory alongside the petition. Also, if the couple has children, their birth certificates must accompany the request.
In the case of a divorce for consent, an agreement related to the distribution of assets and other matters that need to be settled in order to obtain a speedy procedure will be filed with the judge.
In the case of foreign citizens, proof of still residing in Luxembourg must also be filed.
You don’t need to worry about any requirements you need to comply with as our divorce lawyer in Luxembourg can assist you no matter the type of procedure you are seeking.
Divorce statistics in Luxembourg
Even if it is a small country, Luxembourg also has its share of broken marriages. According to the National Statistics Office, the divorce rate has reached around 1,000 marriage termination procedures per year. Moreover:
- in 2019, there were 1, 906 divorce proceedings registered in this country;
- at the level of 2020, there were 1,447 divorce petitions registered in the Grand Duchy;
- 16 of these were between people married for less than one year;
- 99 of them were between persons who have been married for 3 years;
- 88 of these marriages broke down after 4 years, while 72 terminated after 5 years.
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.