Are there provisions for separation agreements, and if so are they
filed and/or part of the Court Decision?
The Formation and Dissolution of Marriage Act
------------------------------------------------------------------------
This is an Act to consolidate the Formation and Dissolution of
Marriage Act,
cf. Consolidated Act No. 148 of 8 March 1991 as amended by section 4
of Act
No. 386 of 20 May 1992, by section 35 of Act No. 387 of 14 June
1995, by
section 8 of Act No. 389 of 14 June 1995, by section 7 of Act No. 385
of 22
May 1996 and by section 9 of Act No. 232 of 2 April
1997.
Legal separation
29. A spouse who feels unable to continue the marital cohabitation
shall be
entitled to legal separation.
30. The effects of legal separation shall lapse for the future
if the
spouses resume or continue the marital cohabitation.
Divorce after legal separation
31.- (1) A spouse shall be entitled to a divorce after one year's
legal
separation.
(2) Spouses shall be entitled to a divorce after six months'
legal
separation if they agree on a divorce.
Living apart for two years
32. A spouse shall be entitled to a divorce if the spouses have lived
apart
for the past two years due to disagreement.
Procedure for obtaining legal separation or divorce
42.-( 1) Legal separation and divorce shall be granted by a judicial
decree
or an administrative decree.
(2) An administrative decree can only be granted if the spouses are
agreed
on a legal separation or divorce by an administrative decree and
on the
conditions set out in sections 46, 49 and 54-56, cf., however,
section 45.
The spouses may refer the question of the amount of maintenance
payment to
the County Governor’s Office (statsamtet) for
determination.
(3) Where it is found to be inadvisable to grant an administrative
decree,
the grant of a decree shall be refused.
42 a.-(1) An administrative decree shall be granted by the
Minister of
Justice or by the County Governor’s Office (statsamtet) as authorised
by the
Minister of Justice.
(2) On the lodging of an application for an administrative divorce
decree
DKK 500 shall be paid to the County Governor’s Office.
(3) If, however, the applicant has lodged an application for divorce
within
the last three months, for which payment has been made, no new payment
shall
be made.
Negotiation of conditions concerning legal separation or divorce
44.-(1) Before a legal separation or divorce is granted, a
negotiation of
conditions shall take place. If, however, divorce is desired under
section
31 and the conditions of the legal separation also apply to the
period
following the divorce, no negotiation of conditions shall be
required.
(2) Rules on the negotiation of conditions shall be laid down
by the
Minister of Justice. These rules may provide that the
negotiation of
conditions shall not apply to a spouse who is not resident in this
country.
Part 5
Legal separation and divorce conditions and change of the conditions
etc.
45. Any conditions determined in a judicial separation decree
granted in
this country shall also apply to the period following a divorce,
achieved on
the basis of the legal separation. However, the judicial separation
decree
may determine otherwise as regards any maintenance
obligation.
Are ACCESS AND CUSTODY included in the order/agreement?
Also from the Marriage act:
Custody
46. The provisions in the Danish Custody and Access Rights Act shall
apply
to the custody of the children in connection with a legal
separation or
divorce.
Section 4
(1) Where, before the entry into force of the Act, legal
separation or
divorce proceedings have been instituted or an application
for an
administrative separation or divorce decree has been lodged, the
provisions
of the previous legislation shall apply.
Where, however, both parties so request before a final judicial decree
or an
administrative decree is granted, the provisions of section 1 and 2
shall
apply.
(3) Where, before the entry into force of the Act, an agreement
or a
decision on custody has been made which is not to apply to any
subsequent
legal separation or divorce, a decision shall be made during the
legal
separation or divorce proceedings as to who is to have
custody.
From the Custody and Access Act:
6 - Are Yes. Approval is
agreements possible in the form
between parents of a local authority
valid? order. If the
sheriff's assistance
is required to have
the child handed
over the agreement
must be entered in
the judgments
register.
Are there specific laws concerning who has access or custody?
1 - Name of the applicable law
Act of 14 June 1995 on Legal Custody and Access Rights
The act provides for in part:
2 - Persons who Those with
may apply for parental
access authority,
including adoptive
parents.
4 - Can other If a child is
people oppose placed outside the
access? family home, the
Municipal Council
or the Child
Welfare Committee
can regulate or
temporarily
suspend (but not
extend) access
rights.
References:
Act to consolidate the Formation and Dissolution of Marriage
Bekendtgørelse af lov om ægteskabs indgåelse og opløsning
In English:
http://www.civildir.dk/regler/MarriageAct.htm
Custody and Access
http://eurochild.gla.ac.uk/Documents/CoE/Reports/RightofAccess/Question.htm
http://eurochild.gla.ac.uk/Documents/CoE/Reports/RightofAccess/Part_A.htm
Also, for persons in the US filing for divorce or separation:
http://cpol.army.mil/library/staff/stf_fact_sheet_on_pat.doc
This is designed for military personnel, but is applicable to
civilians.
2. The Hague Convention. The 1965 Hague Convention of the Service
Abroad of Judicial and Extrejudicial Documents in Civil or Commercial
Matters, of which the United States is a party, allows civil process
from state courts to be served on persons located in any of the
following signatory nations:
(list includes Denmark)
The treaty provides for service of process by a “Central Authority”
(usually the Ministry of Justice) pursuant to a request submitted on
form LAA-116, available at the office of any United States Marshal.
The text of the treaty, which is self-explanatory, is printed at 28
U.S.C.A. Appendix, following the annotation of Rule 4 of the Federal
Rules of Civil Procedure, and at page IC-1 of the 1993 edition of the
Martindale – Hubbell Law Directory.
NOTE: The above does not constitute a legal opinion or advice. Read
the Google disclaimer and all disclaimers on the sites offered in
reference. The above is not a substitute for legal advice or opinion
from a qualified and competent legal counsel. The reliability of the
cited material is not guaranteed.
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