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Divorce in Denmark

Divorce in Denmark

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 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. If the latter applies in your case, our team of attorneys can help you whether or not you are a temporary or a permanent citizen or if you are a foreigner who has already applied for citizenship by naturalization.

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:

  1. Infidelity: when the spouse of the applicant committed adultery, when the parties do not mutually agree to separate after the affair;
  2. Living apart: the couple must gave been living apart for at least two years; in most cases this is because of disagreements;
  3. Violence: when the spouse of the applicant for divorce in Denmark was violent towards the applicant and/or their children;
  4. 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.

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.

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 650 in case of separation;
  • DKK 650 for divorce;
  • DKK 1.630 for negotiations.

Please keep in mind that these fees can be subject to change. We recommend that you ask more details on any updates when you discuss the general terms of your separation or divorce with one of our lawyers.

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 lawyers and to schedule an initial appointment which will allow us to provide you with more personalized information.