Family law

Since the entry into force on 1 November 2018 of the Law establishing the Family Court and reforming the divorce and parental authority, the modalities of divorce have changed.

Two divorce procedures are now allowed under Luxembourg law:

  1. divorce by mutual consent: the spouses must draw up, with the help of one or more lawyers or a notary, a divorce agreement regulating the divorce and its related corollary relief matters and measures;
  2. divorce for irremediable breach of the marital relationship : the request may be made on the initiative of one or both spouses, it must set out the facts and grounds invoked, as well as requests relating to ancillary measures.

Divorce for fault (s) and divorce based on the legal separation disappear, with the exception of divorces introduced before 1 November 2018, which remain subject to the regime of the former law.

  • Divorces :
    • For fault(s) divorce,
    • For bed separation,
    • By mutual consent.

     

  • Individual rights :
    • Parental authority, custody, right of visit and accomodation,
    • Alimony as a contribution to maintenance and education of joint children, spousal support,
    • Youth protection (adult and minor children),
    • Filiation,
  • Property consequences of divorce : liquidation of matrimonial property.