Family Law
Divorce, custody, child support, marriage, cohabitation, and domestic violence protections under Danish family law — Familieretshuset and the courts.
Covered in this guide:
Most Danish family-law matters start at Familieretshuset, the single agency that handles divorce, custody, child support, and paternity since 2019. You can divorce administratively if you both agree, or through the family courts if you don't. Couples with children under 18 face a 3-month reflection period. The Parental Responsibility Act (Forældreansvarsloven) sets joint custody as the default and applies a best-interests-of-the-child standard; children 10 and over have a right to be heard. Domestic violence is addressed through restraining orders (tilhold) and the criminal law.
Key Laws
Marriage Act (Aegteskabsloven)
Consolidation Act No. 771 of 7 August 2019
Marriage requirements, separation, divorce conditions
Parental Responsibility Act (Foraldreansvarsloven)
Act No. 1417 of 1 December 2017
Custody, residence, contact, child's right to be heard
Act on Familieretshuset
Act No. 1702 of 27 December 2018
Establishment of the Family Law House, case triage, mandatory reflection period
Child Support Act (Bornebidragsloven)
Consolidation Act No. 63 of 21 January 2019
Non-custodial parent's child support obligations and calculation
Act on Restraining Orders (Tilholdsloven)
Act No. 112 of 3 February 2012
Restraining orders, exclusion orders, domestic violence protections
Divorce (Skilsmisse)
Denmark has a relatively straightforward divorce process:Mutual agreement: If both spouses agree to divorce and have no disputes about custody, assets, or support, a divorce can be granted immediately...
Child Custody (Forældremyndighed)
Danish custody law prioritises the best interests of the child:Joint custody (fælles forældremyndighed): The default. Both parents share legal decision-making authority — even after divorce. Joint cus...
Child Support (Børnebidrag)
Both parents have a legal obligation to support their children financially:Normal contribution (normalbidrag): The non-resident parent pays a standard amount set annually by the government — approxima...
Division of Property on Divorce
Danish matrimonial property law follows a system of deferred community of property (formuefællesskab):Default regime: Each spouse owns and manages their own assets during the marriage, but on divorce,...
Spousal Maintenance (Ægtefællebidrag)
Spousal maintenance in Denmark is not automatic — it is awarded only in specific circumstances:Agreement: Spouses can agree on maintenance as part of their divorce settlement.Court/Familieretshuset or...
Domestic Violence Protections
Danish law provides criminal and civil protections against domestic violence:Criminal offence: Domestic violence is prosecuted under the general assault provisions of the Criminal Code — there is no s...
Cohabitation Rights (Papirløst Samliv)
Denmark does not have a comprehensive cohabitation law — unmarried partners (papirløst samliv) have far fewer automatic rights than married couples:No automatic property sharing: Each partner owns wha...
Name Change
Denmark's Name Act governs first names, middle names, and surnames:Free choice of surname on marriage: Either spouse can take the other's surname, keep their own, or use a hyphenated combination.Gener...