If you and your spouse are looking to divorce in Denmark, you start the process through a special application form that is send to the Agency of Family Law. All matrimonial matters are handled by this agency and this step is mandatory both in case of divorce and in case of legal separation. In Denmark, a key element during the process is whether or not the parties agree to the divorce. Ending a marriage can be difficult. This is why working with a divorce lawyer in Denmark specializing in Family Law is helpful for all couples who have decided to end their union, including in case of divorce in Denmark for foreigners.
| Quick Facts | |
|---|---|
| Grounds for divorce in Denmark | No-fault divorce; can be applied for by either spouse without any specific reason. |
|
Minimum separation period before applying for divorce |
6 months (if both spouses agree) or 1 year (if only one spouse wants the divorce). |
|
Competent court |
The Family Court (Familieretshuset). |
| Separation agreement recognized in Denmark (Yes/No) | YES, the Marriage Settlement Agreement (“Ægteskabsskabsaftale”). |
| Documents needed for a divorce |
Marriage certificate, proof of separation (if applicable), identification documents. |
| The treatment of property after divorce in Denmark |
Joint assets are divided equally, unless otherwise agreed (communal property regime). |
| Joint home/apartment treatment after divorce |
The home may be sold or one spouse may buy out the other’s share, or both spouses may continue joint ownership. |
| Child custody after divorce in Denmark |
Shared custody is the norm unless one parent is unfit or it is not in the child’s best interest. |
| Child maintenance after divorce |
Both parents are required to financially support their child according to their income. |
| Minimum child alimony | No official minimum; alimony is calculated based on the child’s needs and the parents’ financial situation. |
| Maintenance payments for the other spouse |
Not mandatory, but may be required if one spouse is financially dependent. |
| Maintenance amounts for the other spouse |
Varies depending on the financial situation of both spouses. |
| Costs commonly required for divorce |
Court fees around DKK 875 (117EUR), legal fees vary depend if a lawyer is chosen for the case or not. |
| Mandatory legal representation for divorce |
No, but legal assistance is often recommended, especially for complex cases. |
| Legal assistance for divorce in Denmark | YES, legal assistance is available offered by our specialized lawyers. |
Getting a divorce in Denmark
Couples who wish to get a divorce in Denmark must first determine if they are able to agree upon the divorce. If the wish is a mutual one, then they can start the divorce process immediately.
If one of the spouses does not wish to end the marriage, the first step is to get a separation. Although each partner has the right to end the marriage if he or she no longer wishes to be part of the union, when the other party disagrees, they will first be separated for six months before they cab start the process.
However, even if one of the spouses does not immediately agree to divorce in Denmark, there a several cases in which the separation is not required:
- Infidelity: when the spouse of the applicant committed adultery, when the parties do not mutually agree to separate after the affair;
- Living apart: the couple must gave been living apart for at least two years; in most cases this is because of disagreements;
- Violence: when the spouse of the applicant for divorce in Denmark was violent towards the applicant and/or their children;
- Others: when the spouse is married to another individual, or when the spouse abducted the mutual child or children.
Our team of divorce lawyers in Denmark can answer additional questions about each of these cases, if they apply to you and you need more details. When the spouses cannot agree on the terms of the divorce, they will be asked to attend a meeting to negotiate these terms. A divorce lawyer from our team can help you in this case.
Documents needed for divorce filing in Denmark
In the case that the couples apply for separation or divorce to the Agency of Family Law, there are certain documents which must be provided. There is one application form in the official portal which can be fulfilled online, but there are other papers too which need to be submitted. Typically, the following are required:
- Valid passports or national identity cards for each of the two parties involved in the divorce;
- Marriage certificate as a legal copy to show the date and place of the marriage;
- Residency documentation stating that at least one of the partners has permanent residency in Denmark or he/she is a Danish national.
- Information about children (if applicable) including: full names, birth certificates, and custody and support information;
- Agreements or prenups.
Furthermore, in the case of foreign citizens who apply for divorce in Denmark, there could be requested official translations of the documentation in English or Danish. In this case, the support of our divorce lawyers in Denmark can assure the accuracy of the documents and that their submission is properly done.
Divorce in Denmark for foreigners
The general reasons for divorce also remain the same in case of foreign nationals, and these can be commonly linked to an irretrievable breakdown of the marriage. However, it is important to keep in mind that in this case the residency status is important.
For foreign couples who have been living in Denmark, their divorce can only be settled in Denmark, if at least one of the spouses is a permanent resident. Alternatively, in case of divorce in Denmark for foreigners, one of the spouses can be a national and the other one a permanent resident.
Permanent residency is awarded in Denmark after 5 years of uninterrupted living in the country.
Legal aspects of child custody in Danish divorces
For many divorcing couples in Denmark, issues of child custody are among the most emotionally charged. Shared custody is the preferred norm in Denmark where the presumption is in the best interest of the child in order to maintain contact of both parents. In other cases, the court or the Agency of Family Law might decide otherwise in practice, depending on the situation. Key factors of this official decision include:
- The child’s reasonable needs and/or stability, as well as where the child is in school and who the child interacts more with;
- Any history of physical violence or abuse, the latter of which can result in sole custody being given to one parent;
- Cooperation between parents, since having a very serious conflict between parents would be counter-indicative of shared custody;
- The child’s preference, especially if the child is older and is able to articulate an opinion.
Our specialized family law firm in Denmark can assist parents in laying out their case and in making sure that custody decisions are made in the child’s best interest.
How a divorce lawyer in Denmark can help you
Working with a lawyer is advisable in case of divorce or separation because you and your former spouse will need to agree on a number of issues that are not important only for yourself, but also for your children (if any). Our lawyer can help you with the following:
- Child custody: in most cases, joint parental custody is awarded in Denmark, however, the best interests of the child or children are always taken into consideration when making this choice;
- Support: you can reach an agreement with your former spouse on the amount of child support or you can opt for the normal support amount of DKK 1,443 per month (applicable in 2021, adjustable on an annual basis);
- The division of property: a divorce lawyer from our team will be able to help you divide the property you have brought together as well as your other joint assets;
- Others: we can also help couples who have a shared business as well as those who jointly own bonds.
We remind those interested that the Agency of Family Law imposes a number of fees in case of divorce applications. These are the following:
- DKK 875 in case of separation;
- DKK 875 for divorce;
- DKK 2,150 for negotiations.
Data on divorce in Denmark
According to Statistics Denmark, there are numerous separation cases that included all divorces where at least one of the parties is residing in Denmark or is a Danish national:
- In 2024, there were 12,856 divorces registered;
- In 2023, there were 12,862 divorces registered;
- Regarding the duration of the marriage before divorce, in 2024, most marriages ended after 2 years, representing 735 separation cases.
If you are ready to apply for divorce in Denmark, our team can help you. Contact us for more information about the services offered by our team of Danish divorce lawyers and to schedule an initial appointment which will allow us to provide you with more personalized information.