Many Luxembourgish people have already asked themselves this question: will divorce rate increase due to the Coronavirus lockdown? At the moment, no one can know for sure. However, some signs can shed light on what might happen in Luxembourg and the rest of Europe.
The China Global Times reported the first consequence after a month of self-isolation in China. The local Marriage Registration Offices, which also handle divorce cases, experienced a peak on appointment requests for divorce. It is the case in some districts of Xi'an, the capital of Northwest China's Shaanxi Province, and in the area of Yanta (Source: GlobalTimes).
In Xi'an, Marriage Registration Offices reopened on March 1st, a day after officers started receiving telephone appointments. Two days later, all the appointment time slots were already booked until March 18th. In the city of Shenzhen in South China's Guangdong Province divorce appointment spots are fully booked until June 16. And, in Wuhan, the epicenter of the coronavirus, the divorce rate has doubled from its level before the outbreak. (Source: GlobalTimes )
Officers point at the long-time staying at home and underlying conflicts as the leading cause for these divorce cases. Officers declare that many of these divorces are a result of impulsive behavior. They have witness cases of young couples who even decide to remarry when their divorce certificate was printing. Chinese authorities suggest that their citizens be reasonable and prudent to avoid taking a life-changing decision in a stressful period.
For China nor any other country, there aren't yet official data on how many divorces are occurring after the confinement, and the information provided by the Global Times is only based on isolated events. These events might not be representative of the rest of China, let alone other countries.
The Baroness Shackleton of Belgravia (English expert on Family Law) who conducted famous divorce cases like the one of the Prince and Princess of Wales or Sir Paul McCartney and Lady McCarney. Lately, she declared publicly:
"The prediction amongst divorce lawyers is that following self-imposed confinement, it is very likely that the divorce rate will rise. Our peak times are after long exposure during the summer holidays and over Christmas. One only has to imagine what it's going to be like when families are sealed in a property for a long period of time."
Following this declaration, we asked Sandrine Egloff, lawyer at the law firm Wies & Hertzog, registered on Legal Finder:
1) Sandrine, in general, what do you think about the declaration of the Baroness Shackleton of Belgravia?
Lawyer Egloff: "It is difficult to predict the precise consequences of the lockdown on families and couples. Most of the time, when we talk about lockdown, we think about families and couples for whom living together, every day, all day, is a challenge. However, it is almost certain that some families and couples have taken advantage of the lockdown to get closer, to do activities that they no longer had the time to do. It is therefore very likely that the impact will not be as negative as expected and that some will have benefit from the situation."
2) In your opinion, as a law professional, do you think the divorce rate will increase after the lockdown in Luxembourg?
Egloff: "The lockdown imposed in Luxembourg from March 17th, 2020, to May 11th, 2020, had consequences in particular on couples and families and will likely still have some in the future. We can therefore legitimately expect an increase in the number of divorces in the coming months. In Luxembourg, the Grand-Ducal Regulation of April 17th, 2020, adapted the exceptional référé process before the Juge aux Affaires familiales (family law judge). Article 4 of this regulation offers the possibility of taking a case before the Judge, in the event of urgent situations linked to the COVID19 situation, so that temporary measures can be arranged without having first to submit a regular case before the courts. This measure enables conflicts to be resolved quickly. The adapted procedure will undoubtedly have helped to defuse certain disputes and, hopefully, will also have made it possible to settle situations without having to divorce."
3) Have you, or any of your colleagues, experienced an increase in the demands for a divorce?
Egloff: "Right now, in our opinion, we do not have enough hindsight to say if the number of divorces will indeed increase in Luxembourg, due to the lockdown imposed by the Covid-19. What is certain is that the most negative consequences will occur for couples and families in which tensions already existed before the lockdown. In this respect, during the lockdown, requests on access and accommodation rights have substantially increased in general, but also for ongoing divorces. The lockdown created factual circumstances that sometimes contradicted the legal prevailing situations, and many questions arose on this subject. As mentioned above, the adaptation of the exceptional emergency référé has undoubtedly helped defuse certain situations and ease tensions. In some months, we will be able to take stock of the consequences of the lockdown. Meanwhile, we continue daily to answer the questions that the lockdown situation is generating."
Between 2008 and 2018, the divorce rate in Luxembourg remained between 2 to 2.6 per mile (i.e. for 1,000 inhabitants). In 2014, approximately 1,350 divorces took place in the Grand Duchy. By 2018, the number has decreased to just over 1,200 (Source: EUROSTAT).
Comparing the Luxembourgish divorce rate per 1,000 inhabitants to France, Germany, and Belgium between 2007 and 2017, we see that France and Germany show a lower divorce rate than Luxembourg (1.99 and 2.16 respectively, against 2.18 per 1,000 inhabitants in average for the Grand-Duchy). During this period, Belgium had an overall rate higher than Luxembourg (2.48 for 1,000 inhabitants). The average divorce rate in the European Union was 1.9 for a thousand inhabitants.
We will only see the real impact of the lockdown on the divorce rate in one or two years. As being optimistic is vital during these peculiar times, we hope the consequences will remain limited. But whatever lockdown is a cause or not, you are not alone. If you need help with your divorce or any other situation, you can always count on Legal Finder.
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