Family Law
Divorce, custody, child support, marriage, cohabitation and protection against domestic violence under Danish family law — Familieretshuset and the courts.
Covered in this guide:
Most family-law cases in Denmark start at Familieretshuset (the Agency of Family Law), the central authority that since 2019 has handled divorce, custody, child support and paternity. You can be divorced administratively if you agree, or via the family court if you do not. Couples with children under 18 go through a 3-month reflection period. Forældreansvarsloven (the Parental Responsibility Act) treats joint custody as the default and applies the best interests of the child; children from age 10 have the right to be heard. Domestic violence is handled through restraining orders and the rules of the Criminal Code.
Key Laws
Ægteskabsloven
LBK nr 771 af 7. august 2019
Conditions for marriage, separation and divorce
Forældreansvarsloven
LOV nr 1417 af 1. december 2017
Custody, residence, contact and the child's right to be heard
Lov om Familieretshuset
LOV nr 1702 af 27. december 2018
Establishment of Familieretshuset, case triage and mandatory reflection period
Lov om børns forsørgelse (Børnebidragsloven)
LBK nr 63 af 21. januar 2019
The non-resident parent's duty to pay child support and how it is set
Tilholdsloven
LOV nr 112 af 3. februar 2012
Restraining orders, exclusion orders and expulsion in cases of domestic violence
Divorce
Denmark has a relatively simple divorce process:Mutual agreement: If both spouses agree to divorce and do not disagree about custody, property or maintenance, the divorce can be granted immediately...
Custody (Parental Responsibility)
Danish custody law prioritises the best interests of the child:Joint custody: The default. Both parents share legal decision-making — also after divorce. Joint custody continues unless the court...
Child Support
Both parents have a legal duty to support their children financially:Standard rate (normalbidrag): The parent the child does not live with pays a standard amount set annually by the state — approx....
Division of Property in Divorce
The Danish matrimonial property regime is based on community of property (delingsformue):The default: Each spouse owns and controls their own assets during the marriage, but on divorce the net value...
Spousal Maintenance
Spousal maintenance in Denmark is not automatic — it is set only in special circumstances:Agreement: Spouses can agree on maintenance as part of the divorce terms.Decision by Familieretshuset or the...
Protection from Domestic Violence
Danish law provides both criminal and civil protection against domestic violence:Criminal offence: Domestic violence is prosecuted under the Criminal Code's general assault provisions — there is no...
Cohabitation (Unmarried Couples)
Denmark has no single cohabitation statute — unmarried cohabitants have far fewer automatic rights than spouses:No automatic division of property: Each party owns what they themselves bought or...
Name Change
The Danish Names Act governs first names, middle names and surnames:Free choice of surname on marriage: Each spouse can take the other's surname, keep their own, or use a hyphenated...