Divorce and legal separation

Key figures on divorce in Luxembourg

Luxembourg has a divorce rate of 2.2 per 1,000 people, compared to the European average of 1.7.

In 2021, nearly 1,400 divorces were granted in Luxembourg. The average length of a marriage is 13 years. Half of all divorces involve couples where both spouses are Luxembourg nationals. Men divorce on average at the age of 44, compared to 41 for women.

Types of divorce in Luxembourg

Luxembourg now only recognizes two types of divorce: divorce by mutual consent and divorce on the grounds of irretrievable breakdown.

In June 2018, the Chamber of Deputies approved the abolition of divorce on the grounds of fault. However,the concept of fault remains in order to determine certain causes and consequences of divorce.

The divorce decree dissolves the marriage between two spouses.

Divorce by mutual consent in Luxembourg

A couple who agree to end their marriage can file for divorce by mutual consent. In this case, they must agree on the causes, but also on the consequences of the divorce.

A married couple may file for divorce by mutual consent at any time, regardless of the length of the marriage or the age of the spouses.

Divorce by mutual consent procedure

The application for divorce by mutual consent must be made jointly by both spouses to the family court judge.

To apply for divorce by mutual consent to the family court judge, the spouses must first draw up a divorce agreement by mutual consent. A court lawyer or notary can assist them in drafting the agreement. However, this assistance is not mandatory.

Once the agreement has been drafted, the spouses must submit it by way of a petition to the clerk of the district court with territorial jurisdiction.

Then, during a hearing with the spouses, the family court judge will verify the spouses' mutual and full consent to the divorce. Before granting the divorce, the judge will also check the agreement to ensure that the interests of the children are protected, as well as those of both spouses individually.

If this is not the case, the judge may request a new version of the agreement. If the interests of the children are not protected or one of the spouses is disadvantaged, the judge may refuse to grant the divorce. The spouses may appeal, this time with the personal assistance of a lawyer.

Divorce agreement by mutual consent

The divorce agreement is an integral part of the divorce decree and is approved by the judge when the divorce is granted. Only the family court judge may modify the content of the divorce agreement, upon request.

The divorce agreement by mutual consent must contain the following elements:

• The residence of each spouse until the divorce is finalized
• The arrangements for custody, accommodation, and visitation of the couple's minor children until the divorce is finalized and thereafter
• The respective contributions of the spouses to the maintenance and education of minor children
• The amount of alimony to be paid by one spouse to the other, if applicable
• The division of the spouses' joint property, in accordance with the marriage contract.

Divorce on the grounds of irretrievable breakdown of the marriage

The repeal of divorce on the grounds of fault introduced a second form of divorce in Luxembourg: divorce on the grounds of irretrievable breakdown of the marriage.

In this context, domestic violence such as rape, physical violence, or indecent assault has consequences on alimony and other marital benefits that are called into question by the divorce. Domestic violence can also lead to criminal convictions.

Divorce proceedings on the grounds of irretrievable breakdown

If the spouses cannot agree on the terms of the divorce, either one or both of them may file for divorce on the grounds of irretrievable breakdown of the marriage.

This type of divorce will introduce a cooling-off period of no more than three months, which may be renewed once.

Pending the final settlement of the divorce, the family court judge may, at the request of one of the spouses, take provisional measures. These apply to each spouse and to minor children in terms of residence, maintenance, property, etc.

Divorce judgment in Luxembourg

These provisional measures will cease when the final divorce decree is issued, which will rule on the liquidation and division of the matrimonial property regime, i.e., on persons, alimony, property, accommodation, child custody, and visitation rights.

Only the family court judge can modify the measures established by the divorce decree.

Do you need temporary accommodation while you look for another solution? Our advice is available here.

Documents to be submitted for a divorce application

When filing for divorce, spouses must submit a number of documents, including the marriage certificate, the birth certificates of the spouses and any children they have together, and any other documents or agreements relevant to the divorce.

All documents must be translated into one of Luxembourg's official languages (French, German, English) by a certified translator. :

Consequences of divorce in Luxembourg

Financial impact of divorce on spouses and children

Divorce gives rise to several obligations under Luxembourg law. Former spouses have a duty to provide support and assistance to each other. They must also provide for the maintenance and education of their children.

Pension rights between divorced spouses

A spouse who has interrupted their career or reduced their professional activity during the marriage may be entitled to additional pension rights to be paid by the other spouse in order to rebuild their pension rights.

Alimony for the divorced spouse

One spouse may have to pay alimony to the other spouse according to their needs and their own ability to contribute. Alimony may be revised depending on changes in circumstances.

The duration of alimony payments is equivalent to the maximum duration of the marriage. It may also be paid in the form of a lump sum.

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Child custody when spouses separate

Parental authority for divorced parents

In principle, regardless of the divorce decree and except in special cases, both parents continue to have parental authority. Throughout the proceedings and once the divorce decree has been issued, both parents must maintain personal relationships with the child or children. Both parents must also ensure that the child's relationship with the other parent is respected.

Children's residence and family home in the event of divorce

Luxembourg courts do not, in principle, apply the principle of shared custody of children. However, if the parents agree and if it is in the best interests of the children, the judge may grant shared residence with both parents.

When at least one of the children is under 12 years of age, the judge may award the spouse with whom the children usually reside the use of the family home. The beneficiary parent must then pay occupancy compensation to the other parent. It should be noted that the right to the family home cannot exceed two years after the divorce decree.

Visitation and accommodation rights for non-custodial parents

Unless there are serious grounds for not doing so, the parent who does not have custody of the child may exercise visiting, accommodation, and supervision rights. In other words, they may see the child, have them stay at their home, and contribute to their maintenance and education.

In the event of non-compliance with visitation rights, the defaulting parent must bear any mediation costs and may ultimately lose family residence status or even face criminal penalties.

Contribution to the education and maintenance of children in the event of divorce

Each parent is required to contribute to the education and maintenance of the children. The judge sets the amount of this contribution based on the ability of each parent to contribute and the needs of the child. The amount of the contribution may be reviewed in line with changes in the economic situation.

Division of joint property in a divorce judgment

In the context of a divorce, a notary proceeds with the division of joint property. In the event of a dispute between the parties, only a court ruling can settle the disagreement.

Right to remarry for divorced couples

Divorced couples have the option of remarrying in a civil ceremony. This right to remarry is guaranteed by the European Convention on Human Rights.

However, a divorced couple cannot remarry in a Christian ceremony if a previous religious marriage had been pronounced. A religious marriage cannot be undone. It must be annulled by application to the Bishopric.