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Reform of the divorce and parental authority: what are the changes?

Since 1 November 2018, the Luxembourg judicial organisation now also has a dedicated judge presiding over family affairs (juge aux affaires familiales - JAF). This judge is competent for all disputes in matters of family life (divorce, parental authority and residence of the children, child maintenance and support payments, etc.).

The divorce on the grounds of fault has been removed and there are currently only 2 types of divorce possible:

  • divorce by mutual consent: both spouses have to agree on the conditions of divorce (the principle of divorce, parental authority over the children, child maintenance payments and alimony payments between the spouses, liquidation and division of the matrimonial regime, etc.);
  • divorce on the grounds of irretrievable breakdown of marriage, where both spouses do not have to be in agreement.

The divorce procedure has been simplified (e.g. the spouses will only need to appear once before the JAF in the case of divorce by mutual consent) and, in essence, is based on oral statements.

From now, the principle of joint parental authority will be applied. The parents of a minor child have the same rights and obligations regarding their child and its belongings. They have joint parental authority.  

Moreover, in the case of separation of the parents, their child can have an alternate residence with each of the parents, whether their mutually agree to it or not.

All these changes can be found in the 2 brochures that are available on the website of the Ministry of Justice.

 

 

 

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