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Private law

Divorce in Denmark

Going through a divorce in Denmark as a foreigner or expat? Danish divorce law is straightforward in many respects, but navigating Familieretshuset (the Danish Family Law Agency), understanding your rights to remain in Denmark, and ensuring a fair division of assets requires expert guidance. At Globe Advokater, we help foreign nationals through every step of the process.

Experience20+ yrsSpecialised practice
LanguagesEN - DAClients worldwide
OfficeCopenhagenBredgade 30
BackgroundSIRI - UIMFormer authorities

How we work

STEP 1

Free Case Assessment

We carry out a free assessment of your case and review the individual conditions. The assessment can be done in person, by email, by telephone or through an online meeting.

STEP 2

Sending an offer - Fixed Price

If we decide to proceed mutually with the process, we will send you a quotation for our consultancy, including the onuses of the consultancy. Our fee is fixed, which means that you know your cost in advance.

STEP 3

Starting the case - With you all the way

We will assist you in completing the application correctly, as well as assisting you in providing the necessary documentation. We will handle all communication with the relevant authorities, and continuously follow up on your case.

Fixed fee

Division of matrimonial assets upon divorce

Hourly rate of DKK 3,500 incl. VAT

All fees are indicative. A fixed fee is agreed individually following a review of your case.

  • Consultation, guidance and legal advice
  • Review of your assets and liabilities
  • Settlement negotiations with your former spouse
  • Representation before the Probate Court (Skifteretten)
  • Representation in proceedings before the estate administrator

Divorce by mutual agreement

From DKK 9,000 incl. VAT

All fees are indicative. A fixed fee is agreed individually following a review of your case.

  • Consultation, guidance and legal advice
  • Review of the terms of the divorce
  • Assistance with completing the application to Familieretshuset
  • Assistance with documentation (marriage certificate, separation order if applicable)
  • Advice on division of assets and agreements on assumption of tenancy
  • Ongoing follow-up until the divorce order has been granted

Contested divorce

From DKK 12,500 incl. VAT

All fees are indicative. A fixed fee is agreed individually following a review of your case.

  • Consultation, guidance and legal advice
  • Representation during the terms negotiation at Familieretshuset
  • Advice on spousal maintenance and claims relating to the division of assets
  • Legal representation throughout the entire case, including any subsequent family court proceedings
  • Ongoing follow-up and communication with Familieretshuset

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.

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