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EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 204
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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I.m a Swedish resident who is separated with a Danish woman.

Customer Question

Hello
I.m a Swedish resident who is separated with a Danish woman.
We haven't.lived together for 8 year.s.
I would like to get divorced.
What should I do
Submitted: 1 year ago.
Category: European Law
Expert:  EULawyer replied 1 year ago.

Dear Customer,

Your situation opens many possibilities. There are two ways of obtaining a divorce, namely by agreement or in court.

I need to ask you the following questions, the purpose of which is to tell you whether you can get divorced only in Denmark, or also in Sweden (where it might be easier, because after 2 years' separation you can get it immediately and after a written procedure, without a trial), or even in another country, and what options are open to you:

1. Where (country) did you get married?

2. Where (country) was your last common residence?

3. Do you have any kind of agreement (pre- or post-nuptial) whereby you choose the law applicable to your marriage (highly unlikely, but some couples do it)?

4. Where (country) is your wife living now?

Based on your answers I can give you the exact options available.

Cordially,

Dr Ioan-Luca Vlad

Customer: replied 1 year ago.
Married in Helsingborg Denmark
Lived in Copenhagen 8 years ago.
No pre nuptial.
She still live.s in Copenhagen
Expert:  EULawyer replied 1 year ago.

Dear Customer,

Thank you for your quick reply. Based on your answer, the competent authorities are the Danish ones, and the applicable law is also Danish. Your wife's Swedish citizenship does not count.

Under Danish law, because you have lived separated for more than 2 years you can obtain right away a divorce, even if she does not agree. Before filing for a divorce, I strongly suggest contacting her to see whether she agrees, because if there is agreement, the State Administration will simply grant you the divorce without further discussion. If you do not agree, there may be a need for mediation (which is organized by the state and costs 1000,- DKR) or even a court order.

To file for a divorce you need to fill a form and pay a fee of DKR 900,-. The form is available in English (link) and Danish (link). Information on paying the fee can be found here (link) (Danish). She will be sent the form and may also agree afterwards, even if you do not speak in advance. But it is also possible to make the form together, which is even better.

If you have what is called a 'NemID' you should go to this page: https://www.borger.dk/Sider/Separation-og-skilsmisse.aspx (link). Click on the link entitled 'Ansøg om skilsmisse uden forudgående separation', log in with your NemID and you may file for the divorce on-line.

I hope this helps you and remain available for any further questions. I also look forward to your rating.

Cordially,

Dr Ioan-Luca Vlad

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