No two divorces look the same, but the legal process in Denmark follows a fairly predictable structure. Knowing what to expect can make a difficult period a little easier to navigate.
Direct divorce vs. a separation period
Couples who agree on the terms of their divorce can often apply for a direct divorce through Familieretshuset (the Family Law House). Where there is disagreement, a period of separation is sometimes required before the divorce is finalised.
Dividing assets
Unless a prenuptial agreement says otherwise, Danish couples are generally subject to a form of shared ownership known as “fælleseje”, under which most assets built up during the marriage are divided equally on divorce. Pre-marital assets, inheritances and gifts marked as separate property are usually treated differently.
Children and custody
Parental responsibility is usually shared jointly and continues after divorce unless the parents agree, or a court decides, otherwise. Where parents cannot agree on residence or contact arrangements, Familieretshuset and, if needed, the family court become involved.
When to involve a lawyer
Amicable divorces with straightforward finances can often be handled without extensive legal support. Once property, business assets, pensions or children’s living arrangements become contested, having a lawyer involved early tends to make the process shorter, not longer.
This article is for general information only and is not a substitute for tailored legal advice.
