SEPARATION AND DIVORCE
If you or your spouse no longer wish to be married, you can apply for legal separation or divorce.
The application must be sent to the "Familieretshuset", and here the applicant must deal with two terms, which must be agreed upon in order to be separated or divorced.
Negotiation of terms and conditions
If you do not agree, you will be summoned to a hearing on the will at the Family Court. If you still disagree after the hearing, the Family Court can normally decide on the case when it has been fully clarified. In some cases the Family Court decides that the case should be decided by the Family Court instead, in which case it will transfer the case.
There are several issues that are important to consider if you want to apply for separation or divorce, or your spouse has already applied, including what the date of application means for the division of your assets and liabilities (and how you should deal with each term.
Among other things, we can assist you by:
Division of property Separation, divorce and the economy
Spouses automatically form a community of property when they get married and receive shared property if there is no joint property in whole or in part during the marriage. This means that everything you each took into the marriage and have acquired during the marriage, is part of the joint property. The community of property ends when one of the spouses files for separation or divorce.
In addition to the formal process of separating or divorcing, one must observe the division of one's common assets. In other words, a division of property must be made.
It is important to get advice as early in the process as possible, whether you agree or disagree. If agreement is reached, a settlement agreement should be drawn up. If you have joint property and one of you wants to buy the other out, you can or separately, make a declaration of transfer.
If there is no agreement, you can ask for a guidance meeting at the Probate Court. If no solution can be found during the meeting, each spouse can ask for the case to be sent to an administrator appointed by the Probate Court. The case is transferred from a private to a public probate, which can be a long and costly process.
If you have lived together but are not married, you can read more
here.
You are always welcome to contact us by email or phone and we can have a quick chat about how we can help you.
We are ready to help you all the way through the process based on what is best in your particular situation, whether you agree or disagree, and can, among other things, assist with:
counselling
Advice on your legal position on separation and divorce in relation to the division of your assets, including if you own a business, if you own a home together, what do you do with pensions, do you have to share the value of everything, or can anything be excluded? For example, is there a possibility of splitting?
guidance
Guide and draw up distribution agreements, where an existing and final agreement is made on the distribution of one's assets and debts
representation
Represents you in the context of conciliation discussions to find a good solution
Division of Property
Advise on and draw up division of property agreements in which one spouse, for example, has to buy the other spouse out of a joint property
Probate Court
Assisting in guidance meetings of the Probate Court
Settlement
Represents you while the case is being handled by a pubic administrator
disagreement
Disputes before the Court
When separating, there are simply three main areas to be mastered:
TERMS
Separation or divorce – is it relevant to apply for spousal support or do you have a rental property together?
DIVISION OF PROPERTY
You must share your common debts and assets between you.
