Family law
Types of divorce in Luxembourg in 2026: a complete overview
Quick answer
Since the 2018 reform, Luxembourg has recognised only two types of divorce: divorce by mutual consent (both spouses agree) and divorce for irretrievable breakdown of the marital relationship (applied for even by one spouse alone). Divorce for fault has been abolished. The family court judge decides.
The law of 27 June 2018 profoundly simplified divorce in Luxembourg. Only two routes remain: mutual consent, based on a complete agreement settling property, children and maintenance, and irretrievable breakdown of the marital relationship, which may be applied for by one spouse alone. Divorce for fault no longer exists. The family court judge centralises the decisions. Judicial separation remains possible. This guide compares the two regimes, their effects and the procedure.
In short
- Since 2018, there have been only two types of divorce in Luxembourg.
- Divorce for fault has been abolished: blame is no longer judged.
- Mutual consent requires a complete agreement (property, children, maintenance).
- Irretrievable breakdown may be applied for by one spouse alone.
- The family court judge rules on the divorce and its consequences.
- Judicial separation remains possible for those who do not wish to divorce.
| Criterion | Mutual consent | Irretrievable breakdown |
|---|---|---|
| Agreement of the spouses | Essential and complete | Not required: one spouse alone is enough |
| Concept of fault | Not applicable | Abolished: no blame to prove |
| Prior agreement | Mandatory (property, children, maintenance) | Optional, points decided by the judge |
| Role of the judge | Approves the agreement and pronounces the divorce | Decides the disagreements and pronounces the divorce |
| Indicative duration | Faster if the agreement is complete | Variable depending on the level of conflict |
| Atmosphere | Calm, negotiated | Often conflictual or unilateral |
The 2018 reform: what has changed
Quick answer. The law of 27 June 2018 reformed divorce in Luxembourg. It abolished divorce for fault and reduced the routes to two: mutual consent and irretrievable breakdown of the marital relationship.
Before the reform, several forms coexisted, including divorce for fault, which required proof of the other spouse's wrongdoing. This litigation fuelled long and painful proceedings. The legislature opted for a non-adversarial divorce, focused on organising life afterwards rather than on finding a culprit.
In practice, you can no longer apply for a divorce by relying on adultery or your spouse's failings as grounds. The logic is now that of agreement or of the objective finding that life together can no longer continue. To build your strategy, the support of a family lawyer is valuable from the outset.
The two types of divorce today
Luxembourg law therefore recognises only two types of divorce. The first is divorce by mutual consent: both spouses agree to divorce and agree on all the consequences. The second is divorce for irretrievable breakdown of the marital relationship: it may be applied for even when the other spouse does not agree.
This dual system looks simple, but the right choice depends on your actual situation: level of agreement, presence of children, assets to divide, international dimension. Taking the wrong route lengthens the proceedings and increases costs.
In both cases, it is the family court judge (juge aux affaires familiales) who pronounces the divorce. The difference lies mainly in the role of the agreement: central in mutual consent, optional in irretrievable breakdown, where the judge decides the points left unsettled.
Divorce by mutual consent
Divorce by mutual consent requires both spouses to agree, not only on the principle of divorce, but also on all its consequences. The spouses' agreement is formalised in a divorce agreement that settles the fate of the property, the arrangements for the children and any maintenance.
The agreement covers in particular the liquidation of the matrimonial regime (who keeps what), the family home, the children's residence, the right of access and accommodation, child maintenance and, where relevant, maintenance between spouses. The judge checks that the agreement protects the interests of each party, in particular those of the children, before approving it and pronouncing the divorce.
It is the calmest and fastest route, provided that the agreement is genuinely complete and balanced. To go further, read our dedicated guide to divorce by mutual consent in Luxembourg.
Divorce for irretrievable breakdown of the marital relationship
Divorce for irretrievable breakdown of the marital relationship is the route available when there is no complete agreement, or even no agreement at all. Its main feature: it may be applied for by one spouse alone. You do not need your spouse's consent to start the proceedings. If the other spouse contests the breakdown, the judge may grant a reflection period of three months at most, renewable once; if the application is maintained at the end of that period, the divorce is pronounced.
Nor do you have to prove fault. It is enough to establish that the marital relationship has irretrievably broken down and that life together cannot reasonably continue. The judge does not assign blame: the judge takes note of the breakdown.
Failing agreement on the consequences, the family court judge decides the points in dispute: division of property, arrangements for the children, maintenance. This route is therefore suited to conflictual or unilateral situations, but it requires rigorous preparation of the file.
How to choose between the two routes
The decisive criterion is the level of agreement between the spouses. If you manage to agree on all the consequences, mutual consent is generally faster, less costly and less trying. If the other spouse refuses to divorce or if no overall agreement is possible, irretrievable breakdown is the route to take.
Other factors carry weight: the presence of minor children, the size and complexity of the assets, the existence of jointly owned immovable property, or an international dimension (different nationalities, assets abroad). Each element can tip the balance.
Nothing is set in stone: proceedings started on the basis of irretrievable breakdown may evolve towards an agreement along the way. The aim of a lawyer is to secure your rights while seeking, where possible, the calmest solution.
The effects of divorce on property
Divorce entails the dissolution of the matrimonial regime and the division of property. The outcome depends on the applicable regime (community of property, separation of property or another regime) and on what the spouses accumulated or contributed during the marriage.
The family home is often the sensitive point: it may be allocated to one of the spouses, sold, or be the subject of a buy-out of a share. Joint debts, ongoing loans and joint accounts must also be settled.
Anonymised example: a couple who own their flat decide, in a mutual consent agreement, that one will buy out the other's share in order to keep the home with the children. The allocation is recorded in the agreement and approved by the judge. A poorly prepared liquidation is one of the main sources of disputes after divorce.
The effects of divorce on children
Divorce does not break the bond between parents and children. Parental authority in principle remains joint: important decisions continue to be taken by the two parents together. What is settled is the practical organisation of daily life.
The judge sets or approves the children's residence (with one of the parents or in shared residence), the other parent's right of access and accommodation, and the maintenance intended to cover their needs. The criterion that always prevails is the best interests of the child.
Anonymised example: two parents who no longer agree on the principle of divorce nevertheless agree, before the family court judge, on shared residence and maintenance proportionate to their income. The couple's separation does not prevent organised co-parenting.
Maintenance between spouses after divorce
Beyond child maintenance, divorce may give rise to financial support between former spouses. Where one of the spouses is in need after the divorce, maintenance may be owed to them by the other, set according to their needs and within the limits of the other's ability to contribute (articles 246 and 247 of the Civil Code). There is no statutory scale: the judge takes into account the resources and expenses of each.
Its duration and amount are not automatic: they depend on the specific situation (age, state of health, length of the marriage, ability to regain financial independence, career sacrifices made during the marriage). The judge adjusts according to these factors.
In a divorce by mutual consent, this aspect is set out in the agreement. In a divorce for irretrievable breakdown, it is decided by the judge failing agreement. It is a point that must be costed with care, as it has lasting consequences for both parties.
The procedure and the family court judge
The family court judge is the central point of contact for divorce in Luxembourg. The judge rules on the pronouncement of the divorce and on all its consequences: property, children, maintenance. The judge may also order provisional measures during the proceedings (children's residence, occupation of the home, temporary maintenance).
In mutual consent, the procedure revolves around the agreement, which the judge examines and then approves. In irretrievable breakdown, the judge examines the points in dispute before pronouncing the divorce and setting its consequences.
Representation by an attorney at the Court (avocat à la Cour) is mandatory in divorce for irretrievable breakdown; in mutual consent, the agreement is drafted by an attorney at the Court or by a notary. The lawyer also prepares the documents, defends your interests and ensures that deadlines are met. To assess your matter, you can book a consultation with the firm or start with an online diagnostic.
International divorce
Luxembourg has a highly international population, and many couples have different nationalities, assets abroad or have lived in several countries. This raises two key questions: which court has jurisdiction and which law applies to the divorce and its effects.
European and international rules determine the jurisdiction of the courts and the applicable law, in particular in matters of divorce, parental responsibility and maintenance obligations. The recognition of a judgment in another country, or the fate of assets located abroad, requires a specific analysis.
Anonymised example: a couple of different nationalities, living in Luxembourg with assets in two countries, must determine the court with jurisdiction before starting the proceedings. Anticipating these questions avoids parallel litigation and conflicting judgments.
Judicial separation: an alternative to divorce
Not all couples wish to divorce. For personal, religious or property-related reasons, some prefer judicial separation (séparation de corps). It does not dissolve the marriage: the spouses remain married, but are authorised to live apart.
Judicial separation ends the duty of cohabitation and organises the consequences of living apart (property, home, children), while maintaining certain effects of the marriage. It may subsequently be converted into a divorce at the request of either spouse, after three years of judicial separation (article 310 of the Civil Code).
It is an option to be assessed case by case, according to your objectives and your family situation. If you are hesitating between divorce and judicial separation, the firm can help you measure the consequences of each route and request a quote tailored to your case.
| Area | What the divorce settles |
|---|---|
| Property | Liquidation of the matrimonial regime and division of common property |
| Home | Allocation or sale of the family home |
| Children | Parental authority, residence, right of access and accommodation |
| Upkeep of the children | Child maintenance |
| Between spouses | Any post-divorce maintenance |
| Name and succession | Loss of the use of the name and of inheritance rights between former spouses |
Depending on your profile
For couples in agreement
If you both agree, divorce by mutual consent is the fastest and calmest route. Prepare a complete agreement covering property, children and maintenance. The judge approves it, then pronounces the divorce.
For couples in conflict
If the other spouse refuses to divorce or if no overall agreement is possible, irretrievable breakdown may be applied for by one spouse alone, without proving fault. If the other spouse contests, a reflection period of three months at most, renewable once, may be granted. The family court judge decides the points in dispute.
For international couples
Different nationalities, assets abroad or successive residences: first check which court has jurisdiction and the applicable law. Anticipating these questions avoids parallel proceedings and conflicting judgments.
For parents
Divorce does not break the bond with your children: parental authority in principle remains joint. What is settled is residence, right of access and maintenance, always in the best interests of the child.
Official sources
Update history
- : Drafting of the divorce agreement by an attorney at the Court or a notary harmonised, and the reservation on the use of the name distinguished from the end of inheritance rights between former spouses.