Denmark

Sources of Law

Codified system of law.

The primary sources of family law are Acts of Parliament supplemented by court decisions, in which judges have interpreted and applied the legislation.

Jurisdiction

Brussels II does not apply.

Domicile and Habitual Residence

Denmark does not have a highly developed law of domicile. A party is ‘domiciled’ in Denmark if he is residing in Denmark and has an intention to remain there permanently or, at least, has no intention of only staying temporarily. A person may be without a domicile, but cannot have more than one domicile.

Conflict of Law/Applicable Law to be Applied

Lex fori

Pre-Nuptial Agreements

Enforceable even if entered into without advice or disclosure.

Divorce

Fault, bigamy and violence. A separation of 6 months is required in absence of the above. A separation of 2 years is required in absence of an agreement to separate and then divorce can be granted.

Finances/Capital/Property

Community of Property regime.

Finances/Maintenance

Maintenance is not common in Denmark and when granted it is for a limited duration. It is not normally paid for more than ten years and maintenance for life can only be granted in special circumstances. Whether maintenance should be awarded, and for how long, is determined by the court, while the amount of maintenance payable is determined by the county governor. The court will consider the needs of the applicant, the ability of the other party to pay, the duration of the marriage and the applicant’s need for financial support for education or training.

Child Maintenance

Upon request from the party living with the children, decided by the county governor based on the income from the party not living with the children.

Cohabitants

Civil Partnership/Gay Marriage

Follows the matrimonial laws and is accepted apart from adoption.

With thanks to Anja Cordes of Kobmagergade 3, DK-1150 Copenhagen K. Denmark. www.anjacordes.dk