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How can I divorce?

There are two types of divorce in Luxembourg.

1. Divorce by mutual consent (with or without a lawyer)

  • The parties must agree on everything: the children's main residence, the alimony (for the children and personal), visiting and accommodation rights, liquidation of the community (division of joint property), etc.
  • The support of a notary or a lawyer facilitates the drafting of the divorce agreement, which covers all the points mentioned above, as well as the drafting of the inventory of the goods.
  • The parties (or their lawyer) then file a petition (letter) with the Juge aux Affaires Familiales (the "JAF") of the district court of Luxembourg or Diekirch to request the divorce.
  • The JAF will summon the parties to appear before him/her to ensure that they are indeed willing to divorce, and will then grant the divorce.

2. Divorce for irretrievable breakdown of the marital relationship (with a lawyer)

  • The lawyer drafts a petition to the JAF requesting the divorce.
  • The parties are summoned to appear before the JAF, who will enquire of the respective requests of the parties relating to the divorce, as well as to the accessory measures: the main residence of the children, the alimony, the visiting and accommodation rights, and/or the liquidation of the community.
  • The parties may be summoned several times if they do not agree on their respective claims.
  • When the claims are complex, the JAF may ask each party to take position in writing.
  • In general, the JAF issues a first judgment which pronounces the divorce between the parties; then the debates continue until a final judgment is rendered to fix the ancillary claims of each party.

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