This page answers your questions about divorce arising from intimate partner violence
How can I get a divorce from my violent spouse?
If your spouse has resorted to violence against you or your children, you have the right to a so-called direct divorce without prior separation, even if your spouse does not agree. You can read more about divorce and how to file for this at www.borger.dk, which requires your NemID to log in. A mandatory fee of DKK 650 is payable in separation and divorce cases (2020 rate).
I am considering leaving my violent spouse. Am I entitled to get my share of my spouse’s money if we get a divorce?
If you and your spouse had community property during the marriage (this is automatic, unless you and your spouse signed a marriage settlement dictating otherwise), your assets and debts will in most cases be specified, and this specification will be used to divide the joint estate between you.
If the two of you can agree on the division of the estate, you can do this privately. In this case, make sure to draw up a written agreement that clearly specifies what you have agreed. If you cannot reach agreement concerning the division of your estate, including the question of who should take over a rental accommodation or owner-partnership dwelling, each of you may file a petition with the probate court for assistance in dividing the estate. In such instances, both of you must fill in a petition requesting assistance to divide a joint estate.
You can read more (in Danish only) on how to divide a joint estate on www.domstol.dk under ‘Familie og skilsmisse’ (family and divorce), ‘Forældremyndighed’ (custody) and ‘Deling af fælles formue’ (dividing a joint estate).
If, on the other hand, you or your spouse have separation of property (wholly or partly), this property is not divided as part of a divorce.
In addition, you should be aware of special rules governing the dividing of pension savings.
If you need advice or guidance, you can always contact Lev Uden Vold’s legal advisory services on tel. +45 3118 4441 or by email: juridisk@levudenvold.dk.
Is it possible for me to receive spousal support from my ex-wife/ex-husband?
When you apply for separation or divorce, you must both agree whether one of you must pay spousal support to the other. In order for one of you to be under an obligation to pay spousal support, you must both agree on the duration of this obligation to pay support. The Agency of Family Law can help you agree on an arrangement. If you cannot agree, the Agency of Family Law will forward the case to the court, which must then decide the issue.