Divorce in Denmark (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
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 via Familieretshuset.
- Separation first: If one spouse does not consent, you can apply for separation, which is granted automatically. After 6 months of separation, either party can have the separation converted into a divorce without the other's consent.
- Direct divorce without consent: Granted in cases of domestic violence, infidelity, bigamy or 2 years of actual separation.
- Children under 18: If you have minor children, you must complete a mandatory digital guidance course on what divorce means for children, and Familieretshuset assesses whether further support is needed.
- Fee: The fee for a divorce application is approx. 875 kr. (2025).
When does it apply?
- You are married in Denmark or have a marriage recognised under Danish law.
- You or your spouse wishes to dissolve the marriage.
What to do if you want to apply for divorce in Denmark
- Apply via Familieretshuset at familieretshuset.dk — the application can be submitted digitally.
- If you agree on everything, the divorce can be granted quickly — sometimes within a few weeks.
- If you have children under 18, you must complete the mandatory digital guidance course on what divorce means for children.
- If you disagree about property, custody or maintenance, Familieretshuset will first attempt mediation.
What should you NOT do?
- Don't skip the mandatory digital guidance course if you have minor children — it is a precondition for the divorce to proceed.
- Don't move out of the home without legal advice — it can affect your housing rights.
- Don't hide assets — there is a duty of full financial disclosure in the division of property.
About Family Law in Denmark
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.
Common Questions
How do I get divorced in Denmark?
Apply via Familieretshuset at familieretshuset.dk. If both spouses agree to the divorce and have no disputes over custody, property or maintenance, the divorce can be granted immediately — sometimes within a few weeks. The fee is approx. 875 kr. (2025). If you disagree, one spouse can first apply for separation.
Can I get divorced in Denmark without my spouse's consent?
Yes, but the process is longer. If one spouse does not consent, you can apply for separation, which is granted automatically; after 6 months of separation either party can have it converted into a divorce. Direct divorce without consent is granted in cases of domestic violence, infidelity, bigamy or 2 years of actual separation.
What applies if we have children under 18 when we divorce in Denmark?
You must complete a mandatory digital guidance course on what divorce means for children before the divorce can proceed. Familieretshuset also assesses whether further support is needed. If you disagree about property, custody or maintenance, Familieretshuset will first attempt mediation. Don't hide assets — there is a duty of full financial disclosure.
What is the divorce right in Denmark?
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 via Familieretshuset.Separation first: If one spouse does not consent, you can apply for separation, which is granted automatically. After 6 months of separation, either party can have the separation converted into a divorce without the other's consent.Direct divorce without consent: Granted in cases of domestic violence, infidelity, bigamy or 2 years of actual separation.Children under 18: If you...
When does it apply — divorce?
You are married in Denmark or have a marriage recognised under Danish law.You or your spouse wishes to dissolve the marriage.
What do I do if I want to start a divorce or separation in Denmark?
Apply via Familieretshuset at familieretshuset.dk — the application can be submitted digitally.If you agree on everything, the divorce can be granted quickly — sometimes within a few weeks.If you have children under 18, you must complete the mandatory digital guidance course on what divorce means for children.If you disagree about property, custody or maintenance, Familieretshuset will first attempt mediation.
What should you NOT do — divorce?
Don't skip the mandatory digital guidance course if you have minor children — it is a precondition for the divorce to proceed.Don't move out of the home without legal advice — it can affect your housing rights.Don't hide assets — there is a duty of full financial disclosure in the division of property.