Legal Framework
- Act on Marriage Formation and Dissolution
- Act on the Family Law Agency
Competent Authority
Two-tier system (since 2019):
- Family Law Agency (Familieretshuset) – primary authority
- Family courts – for appeals and complex cases
Access Requirements
- By mutual consent:
- Unconditional right if spouses agree
- Without consent (one of these conditions):
- After 6 months of legal separation
- Living apart for 2 years due to disagreements
- Adultery by other spouse
- Violence against spouse or children
- Bigamy
- Abduction of mutual children
Procedure
All applications must start at Family Law Agency, which categorizes cases as:
- Green Cases (agreed):
- Both parties agree
- Agency ensures agreement and issues document
- No decision needed
- Yellow Cases:
- Parties disagree
- Agency typically decides
- May be referred to court if legally/factually complex
- Red Cases:
- Complex parental responsibility cases
- Referred to family court
Procedural details:
- Digital application required – Written procedure with contradictory rights
- Agency may hold “negotiation of terms” meeting
- Agency must verify international jurisdiction
- Agency decisions appealable to family court within 4 weeks
Effects
- Effective from date of issuance
- Maintenance typically short-term (1-5 years) – Long marriages (20-25 years): maintenance 8-10 years possible – Unlimited maintenance only in exceptional cases