Can I get divorced in Luxembourg without proving fault?
Yes — and since 2018 you never again have to prove "fault". The law of 27 June 2018, in force since 1 November 2018, abolished fault-based divorce and created the family court judge (juge aux affaires familiales, JAF), competent for all family matters. Only two routes remain: divorce by mutual consent, where the spouses agree on the break-up and its effects in an agreement drafted by a lawyer or a notary; and divorce for irretrievable breakdown of the marriage, which can be sought by one spouse alone, without the other's consent. The marriage is dissolved only on the day the judgment becomes final. The myth: "you must prove adultery or your spouse's wrongdoing" — false since 2018: fault is no longer judged, even though seriously criminal acts committed during the marriage still affect maintenance.
📋 The rules
- Law of 27 June 2018: in force on 1 November 2018, it reformed divorce and set up the family court judge.
- Only two types: divorce by mutual consent and divorce for irretrievable breakdown of the marriage.
- Fault abolished: divorce for excess, cruelty or serious insult — "fault divorce" — no longer exists.
- Unilateral petition allowed: irretrievable breakdown can be sought by one spouse alone, without the other's agreement.
- Consent agreement: it settles children, property and maintenance, must be drafted by a lawyer or notary and is approved by the JAF.
🔓 Exceptions
- Legal separation: spouses who do not want to divorce may opt for legal separation; fidelity and support remain, but not cohabitation.
- Seriously criminal acts: rape or violence during the marriage still affect maintenance and matrimonial advantages.
- Children's interest: the JAF can refuse to approve an agreement that fails to protect the children's best interest and require it to be changed.
⚠️ Penalties & fines
Divorce itself is not a "penalty", but its consequences weigh heavily. The liquidation of the matrimonial regime divides the property and debts built up, and one spouse may owe the other maintenance according to needs and the household's standard of living. In a mutual-consent divorce, if the agreement fails to protect the children or seriously harms one spouse, the judge can send it back and, if it is not corrected within six weeks, refuse to grant the divorce. The interim measures (housing, custody, maintenance) set during the proceedings end as soon as the judgment is final, and any later change means going back to the JAF. Finally, as long as the judgment is not final, you remain married: you cannot remarry, and the matrimonial regime keeps producing its effects, including on your spouse's debts.
📎 Official sources
- Justice.lu · divorce and the family court judge →
- Legilux · law of 27 June 2018 (reform of divorce and parental authority) →
- Ministry of Justice · divorce and parental authority →
❓ Frequently asked
Does fault-based divorce still exist in Luxembourg?
No, fault-based divorce was abolished by the law of 27 June 2018, which came into force on 1 November 2018. You no longer prove your spouse's wrongdoing; only divorce by mutual consent and divorce for irretrievable breakdown of the marriage remain.
Can I divorce if my spouse refuses?
Yes, divorce for irretrievable breakdown of the marriage can be sought by one spouse alone, without the other's consent. The family court judge then grants the divorce and rules on its consequences, even if the other spouse firmly objects to it.
Do I always need a lawyer to divorce?
For divorce by mutual consent the agreement must be drafted by a lawyer or a notary, but lodging the petition itself does not make a lawyer compulsory. For divorce for irretrievable breakdown, a lawyer is in practice necessary given the complexity of the procedure.
From when am I actually divorced?
The marriage is dissolved only on the day the divorce judgment becomes final, that is, once it can no longer be appealed. Before that date you are still married and cannot remarry, even if the procedure is already well advanced.
What is the family court judge?
It is the single judge set up in 2018 and competent for the whole of family law: divorce, parental authority, maintenance, and also the separation of unmarried couples. In particular the judge checks that any agreement protects the children's best interest.
🔎 Common searches
What people search to land here:
- “getting divorced luxembourg 2018”
- “fault divorce luxembourg”
- “divorce mutual consent luxembourg”
- “family court judge luxembourg”
- “divorce irretrievable breakdown luxembourg”
- “divorce without spouse consent luxembourg”