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 be able 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 truly exhaust all amicable options and cannot find agreement with your partner then contact a lawyer but do it only when 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 visiting, meeting with children lawyers and mediation. We offer coaching and provide advise regarding the necessary steps to take when preparing for the above mentioned events. For further information please contact us directly.
If someone is to claim to be registered with the Bar Association of Luxembourg or bear the title of a lawyer 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 should remain in-partial to the personal believes and represent their clients equally objectively without prejudice for their gender, race, religion believes or sexual preferences.
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 with or without consent of the custodian. 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. 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.
