Divorce in Denmark, how the process works

Where divorce happens

All matrimonial matters, divorce, separation, custody, child support and spousal maintenance, begin with an application to the Agency of Family Law (Familieretshuset), an administrative body rather than a court. Only if there is a dispute does the case move to the Family Court (Familieretten), which can be appealed onward to the High Court.

Immediate divorce vs separation

If both spouses agree to divorce and its terms, you can divorce immediately, no separation period required. If you do not agree, one route is a period of separation (living apart while still legally married) before divorce. Where there are mutual children under 18, there are extra steps (including reflection and information requirements) before an immediate divorce is granted.

Dividing money and property

Denmark's default marital regime is community property: unless you have a pre- or post-nuptial agreement (ægtepagt), assets, including those owned before marriage and inheritances, are generally split equally. You can agree the split privately (faster and cheaper) or, failing agreement, apply to the Probate Court to appoint an administrator. Pensions are treated under specific rules, get advice.

Can you divorce in Denmark at all?

Generally the case can be handled in Denmark only if at least one spouse is a permanent resident here, or both are Danish nationals (with some extra rules for same-sex marriages concluded in Denmark). Being married in Denmark alone is not enough. A non-refundable fee applies and processing only starts once it is paid. Forms are on the Familieretshuset website.

Common questions