Getting a divorce in Luxembourg

Although no one enters a marriage planning on leaving it, love doesn’t always last forever. Divorce can become a reality for some couples, and during this rollercoaster of a time, the process can seem overwhelming.

To make the process a little smoother, this article outlines what you need to know about the legal grounds for divorce, the costs involved, child custody arrangements, the division of property, and what to do if your visa depends on your marriage.

Prepare for the road ahead by reading the following sections:

An overview of divorce in Luxembourg

Divorce in Luxembourg involves a clear legal framework, designed to provide a smooth process for both parties. The country recognizes both mutual consent and contested divorces, with a focus on fair outcomes regarding property division, alimony, and child custody.

Luxembourg operates under civil law, so divorce decisions are typically made by a judge. While the process can vary depending on the circumstances, it generally requires couples to either file jointly or separately with help from a family court (French: juge aux affaires familiales, German: Familienrichter, Luxembourgish: Famill Geriicht Riichter).

It’s perhaps due to the easy nature of the process that divorce is rather commonplace in Luxembourg. In 2023, the country had a 0.7 divorce rate (which is a remarkable improvement from 2019, when it was 0.98). Roughly 51.9% of divorced couples cite an irretrievable breakdown, with 47.7% of divorces happening by mutual consent.

The number of divorces in Luxembourg is slightly higher than in the rest of Europe. In 2022, Eurostat reported that around 1.9 in 1,000 marriages ended divorce (2022), compared to the EU average of 1.6.

The legal grounds for divorce in Luxembourg

Luxembourg imposes no conditions for who can get a divorce in the country. Any resident couple can choose to end their marriage, no matter their age or nationality or the length of the marriage.

The country basically has two grounds for divorce:

Divorce by mutual consent

When divorcing by mutual consent (French: divorce par consentement mutuel, German: einvernehmliche Scheidung, Luxembourgish: Scheedung duerch géigesäiteg Zoustëmmung) both spouses agree to end their marriage.

The divorce doesn’t have to be amicable as long as the soon-to-be ex-partners can come to an agreement about their shared conditions. This includes living arrangements, child custody, the division of property and assets, and any financial matters (e.g., mortgage).

A lawyer or notary will then draft a divorce contract (French: Convention de Consentement Mutuel, German: Übereinkommen über gegenseitiges Einverständnis, Luxembourgish: Konventioun vun géigesäitege Zoustëmmung) for both parties to sign. After that, the couple jointly submits the divorce application to the court.

Divorce due to irretrievable breakdown of marriage

Couples who do not see eye-to-eye may apply for divorce on the grounds of an irretrievable breakdown of the marriage (French: rupture irrémédiable des relations conjugales, German: Zerrüttung der Ehe, Luxembourgish: irremediabel Zerfall vun Bestietnes).

This is a generic term that covers any situation where there is acrimony between the divorcing spouses. The couple may not be able to agree on the conditions of their divorce or even the divorce itself. They’ll then require the court’s input.

In these situations, only one party submits the divorce application.

What to do if your visa depends on your marriage

Generally speaking, expats may be able to retain their visa and residency when they’re getting a divorce in Luxembourg. Divorce law specifically states that if the spouse meets certain conditions, they can continue staying in the country. However, the situation is slightly different depending on the couple’s nationality.

Of course, if you are an EU citizen, you can continue to live and work in Luxembourg without a visa or residence card. However, if you are a non-EU national, then the situation gets more complicated. To stay in the country after a divorce, you must meet one of the following conditions:

• The marriage lasted at least three years, and one of those was spent living in Luxembourg
• You’ve been given custody of the child(ren) of the EU citizen
• The separation is a result of “particularly difficult circumstances” (e.g., domestic violence)
• A judge rules that you have child visitation rights in Luxembourg

The situation is slightly different if both partners are non-EU citizens. In the case of a divorce, you can apply for your own residence permit (independent from your ex-spouse) if you have lived in Luxembourg for at least three years. Immigration Services can waive this three-year condition if the divorce is the result of “particularly difficult circumstances.”

Getting a divorce in Luxembourg: step by step

When you’ve made the decision to end your marriage, you have the option to file jointly or separately.

Luxembourg divorce process: mutual consent

Step 1: divide your assets and make agreements

For a divorce by mutual consent, you’ll first need to create an inventory of your shared assets and determine how you want to divide them. You can do this yourself or with the help of a lawyer. Both spouses can use the same legal professional if their split is amicable. However, it’s advisable to see someone separately to make sure that your interests are equally protected.

If you own a property together (e.g., your family home), you must go through a notary (French: notaire, German: Notar(in), Luxembourgish: notaire) to draft the Distribution of Goods.

After dividing up your assets, you must work out the terms of your divorce. This means figuring out:

• Living arrangements (where you both will live during and after the divorce)
• Child custody (where any underage children will live and who pays what child alimony)
• Spousal support (who pays how much, if necessary)

When that’s done, your lawyer or notary will draw up a divorce agreement that you both must sign.

Step 2: file a joint divorce application

You or your lawyer(s) or notary(s) can file the joint divorce application with the competent district court in Luxembourg. The application should contain all the spouses’ details, including names, dates and places of birth, jobs, and the names of any joint children.

You must also provide the following documents:

• A short statement of the facts and reasons for the divorce
• Original copy of the divorce contract
• Copy of your birth and marriage certificate
• Valid passport or ID (for both parties)
• If applicable, copy of the birth certificate of your children
• Any other relevant documents (e.g., Deed of Distribution of Goods)

If any of the documents and certificates were issued by foreign public authorities, they must be legally certified. All foreign-language documents must translated into one of the official languages of Luxembourg by a sworn translator.

Step 3: attend family court together

Within 15 days of filing the application, you will receive a summons to attend family court. There, while in each other’s presence, you must reiterate your decision to end the marriage. If the judge suspects that either one of you does not give their free and informed consent, they will speak with you separately. At all times, you may be assisted by your lawyer.

After the hearing, the judge can:

• Approve your divorce and distribution of assets
• Delay the divorce and ask you to amend the distribution of goods
• Reject your divorce altogether

Judges typically only delay ending a marriage when the divorce agreement doesn’t protect the children’s best interests or significantly harms or disadvantages one of the spouses. You will then have six weeks to present a new agreement. Failing to do so will ensure your divorce application is no longer valid.

You will receive the ruling by registered letter. If the judge in Luxembourg has refused your divorce, you can file a joint appeal within 40 days. The petition must be signed by a lawyer and submitted to the Court of Appeal (French: Cour d’appel, German: Berufungsgerichtshof, Luxembourgish: Appellsgeriicht).

Step 4: notify the civil registrar

After getting your divorce (and celebrating the fact), you have one month to forward the divorce ruling to the civil registrar:

• The one in the commune if you got married in Luxembourg
• The one in Luxembourg City if you got married abroad

You must do so by registered letter with acknowledgment of receipt or hand delivery with acknowledgment of receipt.

Divorce process: irretrievable breakdown

Step 1: hate your life

When you can’t agree on the divorce or the terms of the divorce, you can ask to end the marriage on the grounds of irretrievable breakdown. In that case, you can either apply by yourself (if your ex-partner doesn’t want to divorce) or jointly (if you don’t agree on the terms).

Step 2: file the divorce application

Your lawyer(s) must file the divorce application on your behalf with the family law judge of the competent district court in Luxembourg. The application must contain the following documents:

• Copy of your birth certificate(s)
• Copy of your marriage certificate
• Valid passport or ID
• If applicable, copy of the birth certificate of your children
• Document attesting to each spouse’s or the applicant’s nationality
• Any other relevant documents (e.g., an inventory of your assets)

Foreign documents and certificates must be legally certified and translated into one of the official languages of Luxembourg by a sworn translator.

Within 15 days of filing the application, you will receive a summons to attend family court. This court hearing will take place within no more than one month and eight days.

During this time, the judge may set certain provisional measures to facilitate the divorce process. For example:

• Separate living arrangements (where you both will live during and after the divorce)
• Child custody (where any underage children will live and which visitation rights the other parent has)
• Spousal and child alimony (who pays how much, if necessary)
• Provisional division of shared assets and joint children

The court’s order on the provisional measures will be sent to the spouses by registered letter. If either one of you disagrees with this ruling, you may object or file an appeal.

Step 3: attend family court with a lawyer

Each spouse must attend the court hearing with a lawyer. During the proceedings, the judge will discuss what the divorce will mean for the couple, its terms and consequences, and any provisional measures.

Both parties are entitled to seek family mediation to resolve their issues and/or reach a divorce agreement. In that case, the couple will have one month to go through mediation before attending a new hearing.

What happens next depends on the situation:

• If both spouses agree to end the marriage, the judge will ask you to settle out of court. The divorce agreement must be in the best interest of any children and should not harm the interests of either party.
• If one of the spouses refuses to divorce, the judge may offer three months for the couple to reconcile. When necessary, this time limit may be extended for up to three months.

When all is done and dusted, the court will order the divorce and rule on the consequences of said divorce. That includes deciding on:

• The liquidation and division of shared property
• Child custody and alimony and parent visitation rights
• Spousal support and pension entitlements

You will receive the ruling at the court hearing. If you disagree with the terms of the divorce, you may (in certain situations) object or appeal within 40 days.

Step 4: notify the civil registrar

After the court ruling, you have one month to notify the civil registrar of the divorce:

• The one in the commune if you got married in Luxembourg
• The one in Luxembourg City if you got married abroad

You must do so by registered letter with acknowledgment of receipt or hand delivery with acknowledgment of receipt.

Ending a civil partnership in Luxembourg

Couples looking to end their civil partnership in Luxembourg can also do so by mutual consent or a unilateral declaration. In the case of the latter, the person ending the partnership must first inform the other partner via a notice served by a bailiff.

Step 1: divide your assets

When ending a civil partnership, you must make arrangements for your shared assets and property. While this is not a specific requirement for the law, it will help you avoid any legal issues down the line.

Step 2: file a declaration

You must file the declaration terminating a civil partnership in person with the competent civil registrar (i.e., the office where the civil partnership was recorded). Couples can either do this together (if you’re ending the relationship by mutual consent) or by their lonesome selves (if not by mutual consent).

You must provide the following documents:

• Valid ID for Luxembourg citizens
• Valid passport for foreign nationals
• Copy of the partnership certificate
• If applicable, a copy of the notice served by the bailiff to the other partner

Step 3: wait three months (if the declaration was unilateral)

After the civil registrar terminates the partnership, the other partner has three months to request the court for provisional measures relating to:

• The shared residence
• The partner’s personal matters and property
• The partners’ legal and contractual obligations

The justice of the peace will also determine how long these provisional measures are valid, though they may not exceed 1 year.

How much does it cost to get a divorce in Luxembourg?

Depending on the type of divorce you go through, costs can vary greatly. In general, the more complicated the divorce, and the more assets and property to divide, the more expensive the process will be.

Here are some costs to factor in:

• Lawyer’s fees – (both) spouses may need to hire a lawyer. Divorce lawyers in Luxembourg typically charge around €150/hour, with an expected minimum of five hours’ work to create a divorce agreement, review documents, and file the paperwork. Some legal offices also offer fixed-price divorce packages for up to €2,000.
• Notary’s fees – if you have shared real estate, a divorce by mutual consent requires you to hire a notary to draft the Distribution of Goods. Notary fees are usually 2.5–5% of the total value of the estimate; so, if your assets amount to €1,000,000, the notary’s cost could range between €25,000 and €50,000.
• Divorce application and hearings – the actual costs of the divorce are minimal and usually do not exceed €100.
• Additional costs – depending on the situation, you may face additional charges for translation services and family mediation.

If you have a low income, you can apply for free legal aid (i.e., partial or full coverage of your legal fees), provided you meet the criteria.

Things to consider when getting a divorce in Luxembourg

Ending a marriage involves more than just going your separate ways. Here are some things to keep in mind when getting a divorce in Luxembourg:

Child custody and support

When the marriage involves children, courts in Luxembourg always try to put their best interests first. As such, the judge will consider:

• What custody arrangements are best for the children
• What visitation rights are appropriate
• What child support payments are appropriate, taking the children’s needs and their parent’s financial status into account

In the past, the law typically awarded sole custody in favor of the mother. However, this rule has recently been deemed unconstitutional, as it goes against the principle that all citizens are equal before the law. Courts will now grant parental authority to either or both parents, depending on the situation.

Property division

In general, divorce law in Luxembourg allows spouses to keep any assets that were inherited or acquired before the marriage. However, any property or assets obtained during the marriage are usually split equally, sometimes after liquidation. This includes:

• Real estate
• Stocks and bonds
• Retirement accounts
• Business interests
• Motor vehicles

Each spouse can argue about what they believe they are owed from their joint assets. However, in any case, the division of property must not significantly harm or disadvantage the interest of any of the spouses. The judge can rule against the agreed-upon division and ask you to come up with a new one. Hiring a lawyer to help divide assets can protect you and ensure you reach a fair settlement.

Spousal maintenance/alimony

In most divorce cases, one-half of the couple must pay spousal alimony to the other. To determine the amount, the court will consider the couple’s age and health, the length of the marriage, each spouse’s qualifications and employability, and the shared assets. If alimony is awarded, it can be paid as a monthly payment or a lump-sum payment.

In general, the duration of maintenance payments will not exceed the length of the marriage. That said, alimony entitlements will end when the beneficiary remarries or is involved in a new partnership.

At all times, the person paying the spousal alimony may request that the amount be adjusted or revoked (e.g., when they can no longer afford it because they lose their job).

Tax implications

Divorce, separation, or dissolution of a partnership may have tax implications for resident and non-resident taxpayers in Luxembourg.

Married couples typically file joint tax returns on their shared income (tax class 2). After a divorce, the ex-spouses are taxed separately. However, they may remain in tax class 2 for three years after ending the marriage if the courts so decide.

You can find more information about the tax implications in the event of a divorce on the government’s website.

Alternatives to getting a divorce in Luxembourg

Divorce mediation

Family mediation is a cheaper and more harmonious way of divorcing in Luxembourg. This typically involves just one mediator (or a lawyer acting as a mediator) who helps the couple reach a mutually acceptable agreement. The divorcing spouses share the cost and spend far less time (and money) than filing for irretrievable breakdown.

There are several places to seek help with divorce mediation in Luxembourg, including:

• Centre for Civil and Commercial Mediation
• Familijen Center
• Mediation Center
• Pro Familia Foundation

Getting an annulment

An annulment is different from a divorce. A divorce ends a valid marriage, whereas, after an annulment, it is as though the marriage never existed.

It is possible to get an annulment in Luxembourg if one or both spouses:

• Did not freely consent to the marriage
• Were already married (i.e., bigamy)
• Are related to a certain degree
• Committed immigration fraud (i.e., gaining residency rights through a sham marriage)

Annulments are also granted when Luxembourg’s formal marriage criteria were not met. For example, if the marriage was not publicly contracted and signed before witnesses or wasn’t officiated by a licensed marriage officiant.

You can apply to annul your marriage at the competent district court in Luxembourg.

Useful resources

• Guichet – official government website with information on divorces in Luxembourg
• e-Justice Europa – official EU website with information on divorces and legal separation in Luxembourg