Married in DE, living in DK: Where to divorce

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Hi everyone. My husband (German national) and I (USA national) were married in Germany in 2011. We have been legally living in Denmark since late 2011. I had a German residence permit from 2009-2011, but have been on a Denmark residence permit since December 2011.

 

I have not been able to find a clear answer: Do we need to file for divorce in Germany (place of marriage) or in Denmark (place of legal residence for more than 1 year)? I think it is the latter?

 

I understand that Denmark is the only EU country to not participate in certain EU divorce regulations...has anyone here ever been through divorce proceedings between 2 non-Danes in Denmark? We are divorcing amicably due to irreconcilable differences, but I am going to be terribly disadvantaged financially after this (have not been able to work since coming to Europe in 2009, and have accrued no independent savings or pension since then) and want to find the best way for me to be provided for financially in the near future.

 

Many thanks in advance for any information and support!

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I have not been able to find a clear answer: Do we need to file for divorce in Germany (place of marriage) or in Denmark (place of legal residence for more than 1 year)?

 

Denmark.

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Perhaps there is a Danish ex-pat website where you can find out if you could be divorced in DK under German or American law. First you need to find out under which law you benefit the most, DK, DE or your home state law, and then see if is could be applied in DK. This is how it sometimes works in DE when there are two non DE citizens divorcing. Best of luck to you.

 

Dc

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Well, I guess it can't be expected that a bunch of expats in Germany know much about getting divorced in Denmark ;)

 

Have you talked to a lawyer? What does your husband say? If the husband finds out that it's better for him to get divorced in Denmark and initiates the divorce while you are still doing your research, wouldn't you be out of luck?

 

I don't know Danish divorce law but from what I know about my Nordic cousins, they are all equal rights and so I have the feeling that if it's alimony you are looking for, you might be better off getting divorced in Germany than in Denmark. On the other hand, the split of assets in Germany takes into account who brought what into the marriage and the split of assets in Denmark might more likely be 50/50. However, talk to a Danish lawyer and then talk to a German lawyer and compare what they say.

 

Have you read this info brochure: http://statsforvaltning.dk/sfdocs%5CPublikationer%5CLeaflet/Leaflet%20Getting%20Divorced.pdf from the Danish govt. about divorce?

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Well, I guess it can't be expected that a bunch of expats in Germany know much about getting divorced in Denmark

 

Have you talked to a lawyer? What does your husband say? If the husband finds out that it's better for him to get divorced in Denmark and initiates the divorce while you are still doing your research, wouldn't you be out of luck?

 

I don't know Danish divorce law but from what I know about my Nordic cousins, they are all equal rights and so I have the feeling that if it's alimony you are looking for, you might be better off getting divorced in Germany than in Denmark. On the other hand, the split of assets in Germany takes into account who brought what into the marriage and the split of assets in Denmark might more likely be 50/50. However, talk to a Danish lawyer and then talk to a German lawyer and compare what they say.

 

Have you read this info brochure: http://statsforvaltning.dk/sfdocs%5CPublikationer%5CLeaflet/Leaflet%20Getting%20Divorced.pdf from the Danish govt. about divorce?

 

Thanks for your advice/input, Leon. It would actually be highly advantageous for us to divorce in Denmark, as far as alimony/assets/rights go - not Germany, so I'd be happy for my husband to initiate proceedings there (although as we are on great terms, I wouldn't expect him to do so, and in neither country can a divorce be initiated before a separation is documented). I have read the Danish documentation in English (short form) and Danish (full form).

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Hi, I am UK and Russian national. My husband and I got married in Denmark. He is German, we have been living in Germany the last 3 years. We are looking to get a divorce. Could somebody advice how we go about it? Would we have to apply for divorce in DK? Or can we do it in Germany? 

 

Any advice would be helpful.

 

Thank you.

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21 minutes ago, Tuttifrutti said:

Hi, I am UK and Russian national. My husband and I got married in Denmark. He is German, we have been living in Germany the last 3 years. We are looking to get a divorce. Could somebody advice how we go about it? Would we have to apply for divorce in DK? Or can we do it in Germany? 

 

According to https://europa.eu/youreurope/citizens/family/couple/divorce-separation/index_en.htm you must get divorced in Germany because you live here.  

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