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Divorce

The main steps of a divorce in Luxembourg

From the first meeting to the judgment: the main steps, without jargon and without nasty surprises.

3 min read
Two wedding rings set apart on a folded document beside a fountain pen

Many people arrive convinced that a divorce is bound to be long, costly and gruelling. It does not have to be. Understanding the main steps already makes the process easier to approach, and helps you keep a hand on the decisions that concern you.

The first meeting

It all begins with a confidential conversation to understand your situation and answer your first questions. It is a moment of listening, without judgement, where you set out what brings you and where the firm tells you, transparently, what can be considered. You leave with a clearer view, with no obligation.

Choosing the route: amicable or contested

When the spouses agree on the principle of the separation and on its consequences, an amicable route becomes possible. It is usually faster and calmer. When dialogue has broken down, a more classic procedure is needed, and your interests must then be defended with method. The two paths do not fully exclude each other: many cases begin in tension and end up finding common ground. We look at this choice in a dedicated article on amicable versus contested divorce.

Preparing the case

Next comes the review of the facts and documents. For families settled in Luxembourg, two questions arise early: which court has jurisdiction and which law applies, especially when the couple has a tie abroad. This groundwork avoids discovering difficulties once the procedure is under way.

When children are involved

As soon as there are children, their situation becomes the heart of the case. Residence, time spent with each parent, parental authority and their maintenance are settled alongside the divorce. The guiding thread is the best interest of the child, and it is the whole focus of our work on custody and parental authority.

The effects of the divorce to settle

Granting the divorce is only part of the road. It is often its concrete effects that weigh most: the fate of the family home, the division of assets and debts according to the matrimonial regime, the arrangements for the children and, where relevant, maintenance. These matters are prepared alongside the procedure, so that daily life stays as stable as possible.

The case of international couples

Many couples in Luxembourg bring together two nationalities, or live far from their home country. A question then arises that changes everything: which court has jurisdiction and which law applies. We explain it for binational couples, and it is the daily reality of our support for expats.

Divorce and residence permit

For non-EU nationals, a separation can have consequences for the right of residence. It is better to anticipate this than to discover it afterwards. We devote a full article to divorce and the residence permit.

How long, at what pace

There is no single answer. The length depends on the route chosen, the level of agreement between the spouses, the complexity of the assets and the international dimension of the case. Rather than quoting a timeframe that would mean nothing in the abstract, the firm gives you, after review, a realistic estimate, so you know what to expect.

A divorce remains a hard step, but being well supported changes a great deal. A first conversation lets you take stock of your situation, in French or English.

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Maître Stéphanie Makoumbou

About the author

Maître Stéphanie Makoumbou

Lawyer in Luxembourg

A family lawyer in Luxembourg, she supports families and expatriates, in French and English, with rigour and discretion.

Informational article. Not legal advice.

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