For all legal actions brought, judgments given and acts issued until 28 January 2019, it is generally accepted that at international level, the competent court is determined according to the same regulations as those which define territorial jurisdiction in national law. Depending on the circumstances, other factors may also come into play, such as those conferring jurisdiction, place of residence (place of principal establishment), nationality, location of property, etc.).

In the Grand Duchy of Luxembourg, a divorce or judicial separation ruling generally also orders the liquidation and distribution of the community property, and appoints a notary to handle this.

In principle, jurisdiction in terms of matrimonial property regimes is independent of the location of the immovable property. As a result, the Luxembourg courts may also order the sale by auction of property located abroad.

If the notary appointed is unable to reconcile the parties, he/she will draw up a report detailing the parties' respective claims and refer them to the court.

For all legal actions brought, judgments given and acts issued on or after 29 January 2019, regardless of the date of marriage, Council Regulation (EU) No 2016/1103 of 24 June 2016 will apply.

This Regulation provides that the competent authorities will be as follows:

- For matters relating to the matrimonial regime in the event of the death of one of the spouses, jurisdiction lies with the court competent for the succession (Art. 4).

- In matters relating to the matrimonial property regime in the event of an application for divorce, legal separation or marriage annulment, jurisdiction generally falls to the court competent to rule on the matrimonial dispute.

- In other cases, the spouses may agree that jurisdiction shall lie with the Member State whose law is applicable or with the Member State where the marriage is concluded. Such an agreement must be in writing, dated and signed by the parties. In the absence of an agreement, the courts of the Member State shall, as a general rule, have jurisdiction to settle any question relating to their matrimonial property regime other than in the event of the death of one of the spouses or a matrimonial dispute:

• of the spouses’ common habitual residence at the time the court is seised; or failing that
• of the spouses’ last habitual residence, insofar as one of them still resides there; or failing that
• of the habitual residence of the respondent; or failing that
• of the spouses’ common nationality.

With the exception of any litigation, notaries practising in the Grand Duchy of Luxembourg, not designated as courts within the meaning of Article 3.2, are not bound by these rules of jurisdiction and may therefore act freely, for example in drafting a marriage contract.

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