El sistema judicial en Luxemburgo y los abogados (EN)

Judicial System

Divorce & Custody

Divorce is a dramatic life change, at the time it happens and then for the rest of the lives for those involved. It leaves a trace and has long-term effect on children when they are eventually adults themselves. The increase in divorce rate indicates galloping social shift presenting serious problem to the society and Luxembourg future in general. Thousands of children currently under age of 12 will be raised in more broken families than ever before and we must assure our children are to be brought up with support and family values.

If you are to go through with the motion of legal separation and divorce, regardless of your gender or sexual preference, we would recommend any couple to try to resolve major differences between themselves. If you struggle to speak to each-other there are number of options including contacting Mediation Center based in Luxembourg that can help you.

Communication and good-will are the key elements when dealing with separation and divorce, especially if there are children involved. Unfortunately, we all know this is not always possible. Still, when focusing on finding the best possible solution, the best interest of the children must be the No. 1 criteria for both parents at all times. The marriage may end but the life continues, especially the lives of the children.

If you think you have truly exhausted all amicable options and cannot find agreement with your partner then contact a lawyer but do it only if you feel it is absolutely unavoidable.

It is essential to keep in mind that divorce is a multi-million euro industry and rest assured that the system is there to look for any opportunity to live up to its reputation.

For those involved, the state, judges, lawyers, prosecutors, government administration, divorce proceedings are often «business as usual», where spouses’ financial means are exploited and the children forgotten.

There are ways to prepare for court hearings, social services home visits, meeting with children lawyers and mediation. We offer coaching and provide advice regarding the necessary steps to take when preparing for the above mentioned events. For further information please contact us directly. We guarantee confidentiality and discretion.

Luxembourg Lawyers

Avocats à la cour & the Oath

If someone wants to be registered with the Bar Association of Luxembourg  and bear a title of Avocats à la cour, he or she is to take the following oath before the Court of Cassation:

«I swear fidelity to the Grand Duke, obedience to the Constitution and the laws of the State; not to stray from the respect due to the courts; to advise or defend no cause that I will not believe just in my soul and conscience. «

All lawyers as mandated should act in the best interest of their clients and represent their clients equally objectively without prejudice for their gender, race, religion believes or sexual preferences. The rights assured by the Constitution of The Grand Duchy.

Following the most recent changes in the Luxembourg Civil Code introduced on November 1st, 2018, the Article 378-1a offers the option of introducing 50/50 Equal Shared Parenting – Alternating Residence model after separation, with or without consent of the custodian parent. Still, the model is not a default rule and is rarely introduced in Luxembourg.

In order to recover your parental rights to raise and look after your child and not to be just a visitor in their lives, a proper legal representation is needed, a lawyer who believes in gender-parental equality of chance and 50/50 Equal Shared Parenting – Alternating Residence model. Depending on the strategy chosen there are number of lawyers FAD – Fathers Against Discrimination a.s.b.l. would recommend to work with and there are those we would definitely suggest to stay away from. For further information please contact us directly.

A child should never be deprived of his natural human right to family life and equal access to both parents. Nor does anyone have the right to decide which of his parents’ love has more value.

Please sign FAD Petition to help 50/50 Shared Parenting – Alternating Residence become a rule and a starting point for all custody hearings in Luxembourg just as it has been in Belgium since 2006.

"Mir wëlle bleiwe wat mir sinn an mir kënnen e Beispill fir den Rescht vun Europa sinn." -

- "We want to remain what we are and we can be an example for the rest of Europe."

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