Division of Property on Divorce
Written in plain language for general understanding. This is educational content, not legal advice. Based on Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance.
Danish National Law
What is this right?
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, the net value of all assets is divided equally (ligedeling).
- Net value: Each spouse's assets minus debts = net estate. The total combined net estate is split 50/50.
- Separate property (særeje): Assets can be excluded from division if there is a prenuptial agreement (ægtepagt), or if they were received as a gift or inheritance with a separate-property condition.
- Pension: Pension savings are generally divided equally, but each spouse keeps their own pension if they are of roughly equal value (Lov om ægtefællers pensionsrettigheder).
- The family home: Either spouse can demand to take over the home if they have a special need for it (e.g., primary caretaker of children).
When does it apply?
- You are getting divorced and need to divide assets.
- You have a prenuptial agreement that affects division.
What should you do?
- List all assets and debts — real estate, bank accounts, investments, pensions, and debts.
- If you can agree on division, file a voluntary agreement.
- If you cannot agree, the court appoints a estate administrator (bobehandler) to divide assets.
- Get independent property valuations for real estate and businesses.
What should you NOT do?
- Don't hide or dispose of assets — the court can set aside transactions made to reduce the estate.
- Don't assume your prenuptial agreement covers everything — it may only protect specific assets.
- Don't overlook pension rights — they can be the most valuable asset and are subject to division.
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