The UK or Luxembourg: Where should I divorce?

Deciding whether to get a divorce is challenging for many. For couples with international ties, the timing and location of the divorce are critical and can considerably influence the outcome of the divorce – including the division of assets and the child arrangements. 

Can I divorce in the UK if I live in Luxembourg?

Yes, you can divorce in the UK if you or your spouse are domiciled or habitually resident in England or Wales. Jurisdiction depends on legal ties to the UK, not where the marriage occurred.

What are the key differences between UK and Luxembourg divorce law?

In Luxembourg, there are approximately 1000 divorces per year – around half of which involving international couples. In 2018, the Luxembourgian government overhauled divorce law, removing fault as a ground for divorce and simplifying the process. There are now two grounds for divorce in Luxembourg: (1) mutual consent, where both spouses are able to agree on child arrangements, spousal and child maintenance and property division, and (2) irretrievable breakdown, where one spouse applies for divorce and continues with the proceedings after the cooling off period elapses. 

The starting point for property division is Luxembourgian divorces is that property acquired after the marriage is divided equally, while property held before the marriage or inherited is held solely by the spouse who acquired it. On the topic of maintenance payments, the Luxembourgian courts can order these, but they cannot be paid for longer than the duration of the marriage except in exceptional circumstances. Maintenance payments are based on the needs of the receiving spouses and the courts in Luxembourg are not known for their generosity; it is not unusual for a spouse to receive only the basic level of social security in maintenance payments per month. 

Overall, the less generous approach of judges in Luxembourg compared to their British counterparts, is obvious from the approach to maintenance compared to England and Wales. For this reason, many prefer to divorce in the UK despite having close connections to Luxembourg – including the royal divorce between Princess Tessy and Prince Louis of Luxembourg back in 2017, showing that individuals can instigate divorce proceedings in England and Wales even if they are not citizens and their marriage took place abroad. 

If you have a connection with a different jurisdiction, whether it is Luxembourg or another country, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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Why is London the divorce capital of the world? 

The media often reports London as the ‘divorce capital of the world’ following several significant financial settlements and in specific, settlements in in favour of the spouses who have chosen England and Wales to pursue their divorces in. In comparison to other jurisdictions, the English courts emphasise equality in financial settlements and start from 50/50, treating the same the breadwinner and homemaker of the marriage.