Divorce

In Denmark everybody has a right to divorce if they so wish. Usually it is, however, a precondition that a couple has been separated for a certain period. The duration of the required separation depends on the situation.

Separation for 6 months or for 12 months

If a couple agree that they want a divorce, they need to be separated for 6 months before the divorce can be granted. If the couple does not agree - and if divorce can be arranged without a court case - divorce may be granted after 12 months? separation.  

Divorce without separation

Under special circumstances it is possible to be divorced without prior separation. This is the case:  

• if a couple have been living apart for two years because of disagreements
• if one's spouse has been unfaithful within the past two years and one has not agreed to this and one has not forgiven one?s spouse. Divorce must be applied for no later than 6 months after unfaithfulness has been disclosed
• if one's spouse has committed serious acts of violence against oneself or against one's children. Divorce against this background must be applied for no later than one year after this violence has been disclosed. Moreover, this violence must have been committed within the past 3 years
• if one's spouse has taken one's children abroad illegally or retains the children abroad
• if one's spouse has married someone else. 

What needs to be done?

In order to initiate a divorce, an application for separation or divorce must be sent to the Regional State Administration. If a couple agree on the divorce  e.g. regarding the right to keep a flat or house etc.,  the Regional State Administration may grant divorce. If a couple do not agree on the terms of the divorce, these must be determined by a court of law. A Regional State Administration may put a divorce case before the court if it is considered that the divorce and the terms are questionable.  

Cost

It costs DKK 500 (2012) to get a divorce case treated by the Regional State Administration.