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Divorce by mutual consent in Luxembourg

Divorce by mutual consent is the fastest and most amicable way to divorce in Luxembourg: the spouses agree on all the effects of the divorce in an agreement (children, home, assets, maintenance), approved by the judge. Cerno Law Firm drafts and secures this agreement.

In short

Divorce by mutual consent in Luxembourg is the fastest route to divorce: the spouses agree on all effects (children, home, property, maintenance) in an agreement approved by the judge. Cerno Law Firm drafts and secures this agreement, which binds the spouses once approved.

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Maître Cora Maglo, Avocate à la CourResponsible for legal content: Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009. · Applicable law: Luxembourg

Divorce by mutual consent in Luxembourg: key points at a glance

Fees, timeframes, documents and deliverables
ItemWhat to know
FeesStated fees. Fixed fee for a divorce by mutual consent when the scope is defined, stated before any intervention.
Indicative timingDivorce by mutual consent is considerably faster than a contested divorce; the timetable depends on the spouses' agreement and on approval by the judge.
Documents required
  • Marriage certificate and any marriage contract
  • Situation and needs of the children
  • Inventory of assets, accounts and debts
Deliverables
  • Divorce by mutual consent agreement
  • Support through to approval
  • Advice on the effects (children, estate, maintenance)

Mutual consent requires a comprehensive agreement between the spouses. A balanced and complete agreement is the key: it settles the children's residence, maintenance, the fate of the home and the division of the estate, and it becomes binding once approved.

The lawyer checks that your rights are preserved, anticipates the sensitive points (children, assets, debts) and avoids unbalanced agreements that are later contested. The firm's digital tools serve only to prepare the file and the collection of documents.

Divorce by mutual consent in Luxembourg: when should you call on the firm?

You wish to divorce amicably, quickly and without conflict.

All the effects of the divorce must be settled in a solid agreement.

What happens if you do nothing?

An unbalanced agreement, poorly arranged custody or an unfavourable division commit your future.

A poorly drafted agreement can become a source of later disputes.

How we intervene

Advice on the suitability of mutual consent, drafting of the divorce agreement and support through to approval.

Securing the effects on the children and the estate.

Practice areas

When to call on the firm

  • Divorce quickly with a complete agreement.
  • Arrange the children's residence and maintenance.
  • Settle the fate of the family home.
  • Divide assets and debts fairly.

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Documents required : Divorce by mutual consent in Luxembourg

  • • Marriage certificate and any marriage contract
  • • Situation and needs of the children
  • • Inventory of assets, accounts and debts

Deliverables : Divorce by mutual consent in Luxembourg

  • • Divorce by mutual consent agreement
  • • Support through to approval
  • • Advice on the effects (children, estate, maintenance)

Indicative timing : Divorce by mutual consent in Luxembourg

Divorce by mutual consent is considerably faster than a contested divorce; the timetable depends on the spouses' agreement and on approval by the judge.

Stated fees

Fixed fee for a divorce by mutual consent when the scope is defined, stated before any intervention.

See fees for this area
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FAQ

Frequently asked questions

What is divorce by mutual consent in Luxembourg?

It is a divorce based on the agreement of both spouses, who settle all the effects (children, home, assets, maintenance) in an agreement approved by the judge. It is the fastest and least costly route.

Is divorce by mutual consent faster?

Yes. As soon as the spouses agree on all the effects, the procedure is considerably faster and more amicable than a divorce for the breakdown of the marital relationship.

Do you need a lawyer for a divorce by mutual consent?

Using a lawyer is strongly recommended: the agreement durably commits your rights over the children and the estate. The lawyer secures its drafting and ensures the balance of the agreement.

What does the divorce agreement contain?

It settles the residence and the upbringing of the children, parental authority, maintenance, the fate of the family home and the division of assets and debts.

Can you divorce by mutual consent with children?

Yes. The agreement must then precisely arrange the residence, visitation rights, parental authority and the contribution to the children's upbringing, in their interest.

How much does a divorce by mutual consent cost?

When the scope is defined, the firm proposes a fixed fee, stated before any intervention. The cost remains far lower than that of a contested divorce.

What happens in the event of disagreement?

If a full agreement is not achievable, divorce for the breakdown of the marital relationship remains possible. The firm advises you on the most suitable route and represents you.

Is the agreement final?

Once approved, the agreement takes effect and is binding on the spouses. That is why its drafting by a lawyer is decisive in order to avoid any later dispute.

Divorce by mutual consent in Luxembourg: which documents should you prepare?

The firm usually asks for: (1) Marriage certificate and any marriage contract; (2) Situation and needs of the children; (3) Inventory of assets, accounts and debts. Further documents may be requested once your situation has been reviewed.

Divorce by mutual consent in Luxembourg: what does the firm’s support include?

The firm’s support usually includes: (1) Divorce by mutual consent agreement; (2) Support through to approval; (3) Advice on the effects (children, estate, maintenance). The exact scope is set out in the quote, before any engagement.

Member of

Affiliations & professional networks

  • Barreau de Luxembourg
  • European Immigration Lawyers Network (EILN)
  • Union des Avocats Européens (AEA)
  • Cross Border Advisory Solutions
  • Institut Luxembourgeois des Administrateurs (ILA)
  • Association Luxembourgeoise des Juristes de Droit Bancaire (ALJB)

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Written by Maître Cora Maglo, attorney at law.

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Choosing Cerno means choosing over 17 years of experience

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independent firm
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at the Bar since 2009
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Our work

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Ongoing review and analysis of Luxembourg and European case law

Avocate à la Cour, List I of the Luxembourg Bar since 2009

Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners

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