Denmark has one of the most straightforward divorce systems in Europe but as a foreigner or expat, there are critical questions that don’t apply to Danish nationals: Will you lose your residence permit? Does Danish law apply to your assets? Can you even file for divorce in Denmark? This guide answers all of them.
Does Denmark have jurisdiction over your divorce?
You can file for divorce in Denmark if at least one of the following applies under the Administration of Justice Act (§ 448 f):
- Your spouse lives in Denmark (most common scenario).
- You have been resident in Denmark for the past two years.
- Both of you are Danish citizens and neither of you objects to Danish jurisdiction.
- You are seeking divorce on the basis of a legal separation granted in Denmark within the last five years.
If none of these apply, Familieretshuset must reject your case.
The process: How to file for divorce in Denmark
Step 1: Submit your application to Familieretshuset — Denmark’s Family Law Agency. All applications must be submitted digitally using MitID/NemID. If you do not have a Danish social security number (CPR number), you may not be able to use the digital portal and will need to arrange an alternative submission method. Familieretshuset can advise on this.
Step 2: If you and your spouse agree on the divorce and its terms (property division, possible alimony, tenancy rights), Familieretshuset issues a divorce order (bevilling) relatively quickly.
Step 3: If you disagree, Familieretshuset convenes a terms negotiation meeting (vilkårsforhandling). If no agreement is reached, Familieretshuset issues a ruling, which can be appealed to the family court.
Will the divorce affect your residence permit?
This is the most critical question for many foreign nationals. If your residence permit was granted on the basis of family reunification with your Danish or resident spouse, a divorce can put your right to stay in Denmark at risk.
The Danish Immigration Service (Udlændingestyrelsen) will assess whether you can maintain your residence permit. Factors that may support keeping your permit include:
- Length of the marriage and your ties to Denmark.
- Whether you have children with your former spouse who are resident in Denmark.
- Whether you were subjected to domestic violence within the marriage.
- Your employment and self-sufficiency.
Globe Advokater handles both divorce and immigration law — we can assess your full situation in one consultation.
Division of assets in international cases
As a rule, marital property (assets acquired during the marriage and not designated as separate property) is split equally under Danish law. The split takes effect from the day Familieretshuset receives your divorce application.
If you have assets or property in another country, the question of which country’s law governs the division may arise. EU regulations on matrimonial property regimes apply between EU member states. For non-EU situations, the rules are more complex.
Practical tips for foreign nationals
- Get a free assessment: Contact Globe Advokater before you file to understand what to expect.
- Act quickly: The date of filing determines when the marital estate is valued — this matters especially if you have significant shared assets.
- Check your insurance: Your home or contents insurance may include legal aid cover for family law cases.
- Consider a prenuptial agreement: If you remarry, a Danish prenuptial agreement (ægtepagt) protects your assets in any future separation.
Questions? Contact Globe Advokater for a free, no-obligation assessment in English.
