Going through a divorce is usually an exhausting and emotional taxing experience, during which you must consider and decide on a whole array of legal, financial and practical issues. At ADVODAN, we understand this and we provide you with professional assistance tailored to your specific circumstances.
When an application for separation or divorce is dealt with in Denmark, it is dealt with according to Danish law. You should be aware that the principle ”Litis Pendens” applies to any divorce where the spouses are of different nationalities. This means that Denmark has a duty to reject an application for divorce, if an identical application has already been made in another country.
This is how it works
According to Danish law, you and your spouse may apply to divorce immediately if you both agree to the divorce. If either one of you disagrees to the divorce, the starting point is to apply for separation; after a six-months’ separation period either one of you may then to apply for a divorce.
To separate or divorce, you must complete an application and submit it to the Danish State Administration which is the government agency which holds authority over these issues. If you and your spouse disagree on separation or divorce, the one of you wishing to separate or divorce may submit the application.
Before submitting the application, you are advised to consult a attorney. Doing so ensures that the application is correctly made and avoids a scenario where you accidentally waive one or more of your rights.
If you do not agree to separate or divorce
If you and your spouse do not agree to the separation or the divorce, you must attend a meeting to negotiate terms at the offices of the State Administration.
To be granted divorce, you must as a minimum agree on whether one of you will be liable to pay spousal support to the other and whom will be entitled to stay in any joint, rented accommodation, if applicable.
Any disagreement on e.g. child support or the division of a jointly owned property are to be dealt with separately.
If you are not able to reach an agreement on terms during negotiations led by the Statement Administration, you or your spouse may subsequently bring the issues before the court.
In certain circumstances, you will be able to divorce immediately, although the two of you do not agree to divorce. This is the case if your spouse has committed adultery, has committed acts of violence against you or your children, has committed bigamy, has abducted your mutual child, or if you have lived apart for at least the past two years because of disagreements.
The fee payable on application for divorce is DKK 420. DKK 420 is also the fee payable on application for separation. If either of you wish for a guidance- and negotiation of terms meeting to be called, an additional fee of DKK 950 must be paid.
The fees must be paid in full to the State Administration prior to any application being processed.