Separation and divorce in Denmark: the process step by step

Every year, thousands of Danish couples separate. For many, the process is an unfamiliar legal world that arises in the middle of a personal crisis. Understanding the specific steps, that is what happens when, what is required and what you can decide yourself, gives an overview and calm in a difficult period.

This guide reviews separation and divorce in Denmark from start to finish.

Note: Family and inheritance law is complex, and the rules depend on your specific situation. This guide is for information and does not constitute legal advice. Consider seeking legal help, especially if there are assets, children or disagreement about the division of property.

What is the difference between separation and divorce?

Separation means that you live apart with the state's approval but are still legally married. Separation is a kind of trial period. If you move back in together, the separation as a rule lapses, and you are still married on full marital terms.

Divorce is the final end of the marriage. After this, you are no longer married, and each of you can marry again.

If you agree, you can today divorce directly without first being separated. Separation is typically chosen if you want time to reflect, or if you do not agree on the terms.

Situation	Typical route
Both parties agree	Direct divorce via the Agency of Family Law
Disagreement about terms	Separation, and divorce after 6 months
A need for time to reflect	Separation as a temporary step
Common children under 18	The Agency offers advice; the SES course can be completed

Direct divorce

You can divorce directly, without prior separation, in two main cases:

1. You agree. If you agree to divorce, you can be divorced immediately via the Agency of Family Law. This also applies even if you have common children under 18. The previous mandatory 3-month reflection period for parents was abolished on 1 July 2020. The Agency still offers the digital SES course (Cooperation After Divorce), but it is now voluntary.

2. There is a special ground. Even if you do not agree, a direct divorce can be granted if one of the Marriage Act's special grounds is present:

• 2 years' separation
• Adultery
• Violence, including psychological violence and sexual abuse
• Bigamy (one party was already married when the marriage was entered into)
• Child abduction

Step by step: separation

Step 1: application to the Agency of Family Law

Separation is applied for digitally via the Agency of Family Law (familieretshuset.dk). One spouse can apply alone, and the other is involved in the case.

The application requires:

• MitID
• Information about common children under 18
• Any agreements already made about residence, finances etc.

There is a fee to have a separation or divorce case handled. The fee is DKK 875 (2026). If you also choose a terms negotiation at the Agency, an additional fee is payable. Check the current rates with the Agency of Family Law.

Step 2: the Agency handles the application

The Agency handles the application. If you agree, the process is typically quick, and the separation grant is sent in writing to both parties.

If you have common children, the Agency offers advice on parental responsibility and contact. It is voluntary but can be a good help.

Step 3: the separation period

You are now separated. You are still legally married but live apart. This means, among other things:

• You live in separate households, and the mutual duty of fidelity and the right of inheritance cease
• The community of property can be demanded divided

Use the time in the separation period to reach agreement on:

• The division of property (joint property, savings, debt)
• Parental responsibility and contact
• Child support

Step 4: application for divorce

If you agree, you can apply for divorce at any time after the separation. If you do not agree, each of you can normally demand a divorce when the separation has lasted at least 6 months. The application is again made via the Agency of Family Law.

If you do not agree on the terms, the Agency can in some cases help with a terms negotiation, and otherwise the case can be brought before the family court.

Division of property: what happens to the assets?

The division of property is the settlement of your assets. The starting point in Danish law:

• Divisible property (community property) is divided equally (50/50) in the division
• Separate property (agreed in a marriage settlement or received in inheritance or as a gift with a separate-property clause) is kept out of the division
• Debt is set off in the individual's share, and each spouse is liable for their own obligations

The community of property ends on the ending day, which is the day the Agency of Family Law received the request for separation or divorce. This day is as a rule the cut-off day for the division of property.

You can make the division yourselves in a division agreement or with the help of a lawyer, and in the event of disagreement the case can be handled in the probate court.

The joint home

A jointly owned home is often the largest and most complex asset. The options are typically:

1. One party takes over and buys the other's share at the assessed market value
2. A sale to a third party and division of the proceeds after deducting the remaining debt
3. A temporary agreement where one party stays and pays for it temporarily

Pension

In the division, each spouse can as a rule take out their own reasonable and usual pension schemes in advance, that is without them being included in the division. If one spouse has a significantly smaller pension due to, for example, part-time work during the marriage, compensation can, depending on the circumstances, be awarded. The specific circumstances should be clarified individually.

Parental responsibility and contact

If you have common children under 18, you must decide on custody, residence and contact. The starting point in Danish law is joint custody, where both parents have the right and duty to take part in the child's life.

Contact is agreed so that it serves the child's best interests. If you cannot agree, the Agency of Family Law can help with advice and mediation, and ultimately the case can be decided by the family court.

What does a separation and divorce cost?

The main costs are:

• The fee to the Agency of Family Law: DKK 875 (2026) for handling a separation or divorce case, with an additional fee for a terms negotiation
• Any legal assistance for the division of property, which varies greatly with the complexity of the assets
• The probate court, if you cannot agree on the division (court and case costs)

Agreeing parties who handle the division themselves can keep costs low. Disagreement increases the costs significantly.

Division agreement: do it yourself or with a lawyer?

A division agreement is the written agreement about who keeps what. For the agreement to be valid, at a minimum you need:

• A written agreement
• Both parties' signatures

If real property is to be transferred between you as part of the division, the change of ownership must be registered with a deed for it to have effect against third parties.

When is the divorce final?

The divorce is final when the Agency of Family Law issues the divorce grant. After this, the marriage is dissolved, and both parties can marry again.

Conclusion

If you agree, divorce today is a relatively simple and quick administrative process via the Agency of Family Law, also if you have children. If you disagree, separation gives time and a framework to find solutions, and after 6 months of separation a divorce can be demanded. Whatever the route, it is the division of property and the arrangements around the children that take up the most, and a clear, written division agreement is often what ensures a tidy conclusion.

---

The content of this article is for guidance only and does not constitute legal advice. Consult a family-law lawyer or contact the Agency of Family Law for advice on your specific situation.