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
cf. Consolidated Act No. 148 of 8 March 1991 as amended by section 4
No. 386 of 20 May 1992, by section 35 of Act No. 387 of 14 June
section 8 of Act No. 389 of 14 June 1995, by section 7 of Act No. 385
May 1996 and by section 9 of Act No. 232 of 2 April
29. A spouse who feels unable to continue the marital cohabitation
entitled to legal separation.
30. The effects of legal separation shall lapse for the future
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
(2) Spouses shall be entitled to a divorce after six months'
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
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
or an administrative decree.
(2) An administrative decree can only be granted if the spouses are
on a legal separation or divorce by an administrative decree and
conditions set out in sections 46, 49 and 54-56, cf., however,
The spouses may refer the question of the amount of maintenance
the County Governors Office (statsamtet) for
(3) Where it is found to be inadvisable to grant an administrative
the grant of a decree shall be refused.
42 a.-(1) An administrative decree shall be granted by the
Justice or by the County Governors Office (statsamtet) as authorised
Minister of Justice.
(2) On the lodging of an application for an administrative divorce
DKK 500 shall be paid to the County Governors Office.
(3) If, however, the applicant has lodged an application for divorce
the last three months, for which payment has been made, no new payment
Negotiation of conditions concerning legal separation or divorce
44.-(1) Before a legal separation or divorce is granted, a
conditions shall take place. If, however, divorce is desired under
31 and the conditions of the legal separation also apply to the
following the divorce, no negotiation of conditions shall be
(2) Rules on the negotiation of conditions shall be laid down
Minister of Justice. These rules may provide that the
conditions shall not apply to a spouse who is not resident in this
Legal separation and divorce conditions and change of the conditions
45. Any conditions determined in a judicial separation decree
this country shall also apply to the period following a divorce,
the basis of the legal separation. However, the judicial separation
may determine otherwise as regards any maintenance
Are ACCESS AND CUSTODY included in the order/agreement?
Also from the Marriage act:
46. The provisions in the Danish Custody and Access Rights Act shall
to the custody of the children in connection with a legal
(1) Where, before the entry into force of the Act, legal
divorce proceedings have been instituted or an application
administrative separation or divorce decree has been lodged, the
of the previous legislation shall apply.
Where, however, both parties so request before a final judicial decree
administrative decree is granted, the provisions of section 1 and 2
(3) Where, before the entry into force of the Act, an agreement
decision on custody has been made which is not to apply to any
legal separation or divorce, a decision shall be made during the
separation or divorce proceedings as to who is to have
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
is required to have
the child handed
over the agreement
must be entered in
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
4 - Can other If a child is
people oppose placed outside the
access? family home, the
or the Child
can regulate or
suspend (but not
Act to consolidate the Formation and Dissolution of Marriage
Bekendtgørelse af lov om ægteskabs indgåelse og opløsning
Custody and Access
Also, for persons in the US filing for divorce or separation:
This is designed for military personnel, but is applicable to
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.
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