Divorce in Denmark

How does divorce work in Denmark?

All divorce cases in Denmark begin at Familieretshuset. You cannot file for divorce directly at a court. Under Danish law (the Marriage Act, § 29), spouses may divorce immediately if both agree. If only one spouse wishes to divorce, they are first entitled to a legal separation, and after six months may proceed to divorce regardless of the other spouse's consent (§ 30, stk. 2).

Who can file for divorce in Denmark?

Denmark has jurisdiction to handle your divorce case if:

• Your spouse (the respondent) is resident in Denmark, OR
• You have been resident in Denmark for the past two years, OR
• Both spouses are Danish citizens and neither objects to the Danish jurisdiction.

Foreign nationals living in Denmark can generally file for divorce on the same basis as Danish citizens.

Practical steps for filing

• File your application digitally via Familieretshuset's self-service portal (requires NemID / MitID).
• Pay the mandatory filing fee (amount set annually - check familieretshuset.dk).
• If you do not have a Danish personal identification number (CPR), you may be exempt from the digital filing requirement. Familieretshuset will advise on alternative submission methods.

Globe Advokater can handle all communication with Familieretshuset on your behalf.

Division of assets (bodeling)

Under Danish law, marital property (fælleseje) is split equally between spouses at the time of divorce. The cut-off date is the day your application is received by Familieretshuset. Separate property (særeje), established by a prenuptial agreement or inheritance, is not subject to division.

Your residency rights after divorce

If your residence permit in Denmark is based on family reunification with your now ex-spouse, the divorce may affect your right to remain in Denmark. We assess your specific situation and advise you on how to protect your residence status.

Do I need a lawyer to get divorced in Denmark?

You are not legally required to hire a lawyer. However, if you and your spouse disagree on terms, or if your situation involves assets in multiple countries or residence permit concerns, legal advice is strongly recommended.

How long does a divorce take in Denmark?

An uncontested divorce where both spouses agree on all terms can often be concluded in a few weeks. Contested cases involving disputes over assets or alimony may take several months, particularly if the case is referred to the family court.

What is a 'vilkårsforhandling' (terms negotiation)?

If spouses disagree on the terms of a divorce, Familieretshuset convenes a vilkårsforhandling - a meeting where both spouses (or their lawyers) discuss and try to reach agreement on alimony, division of the rental property, etc. This meeting is mandatory in contested cases.