Fillable Petition for divorce without prior separation

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Petition for divorce without prior separation

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Case No. (to be completed by Agency of Family Law)
Petition for divorce without prior separation
Fee: DKK 650.
(To be paid on submission of the petition form, into sort code 0216 and account number 4069175392)
Civil registration no: Daytime phone no:
Address: Postal code: City:
E-mail:
Full name:
Citizenship:
My yearly income before tax: Yearly income before tax of spouse 2:
Civil registration no: Daytime phone no:
Address: Postal code: City:
E-mail:
Full name:
Citizenship:
My yearly income before tax: Yearly income before tax of spouse 1:
READ THE LEAFLET "GETTING DIVORCED" ON DIVORCE AND SEPARATION, BEFORE YOU COMPLETE
THIS FORM (the leaflet is available from our website www.familieretshuset.dk or by contacting Agency of Family
Law). This form must be used regardless of whether you are married or civil partners.
Details of spouse 2
Details of spouse 1
Details of marriage
Date of marriage:
The marriage / registration was performed in Denmark
The marriage / registration was performed outside Denmark
Adultery
Two years' separation due to disagreements
Child abduction
Violence
Bigamy
Spouse 1 Spouse 2 declare that I, within the last two years, have had a sexual relationship
with someone other than my spouse
Spouse 1 Spouse 2 declare that I learned about the relationship within the last six months
from today, and that I do not accept the adultery
and
Ground for divorce (used only if you do not both consent to filing for divorce)
1. Spousal maintenance (NOTE - not child maintenance)
We do not agree on this term
We both agree on the following terms
1.1 Obligation to pay spousal maintenance
1.1.1 No maintenance obligation
1.1.2 Spouse 1 is liable to pay maintenance
1.1.3 Spouse 2 is liable to pay maintenance
If box 1.1.1 is ticked, please proceed to section 2.
Consent?
We both agree to file for divorce
We do not agree to file for divorce
We do not agree on the maintenance period
We both agree that the maintenance period be indefinite
We both agree that the maintenance period shall run for
years from the date of
to
The amount of the agreed spousal maintenance may be amended by court order only
The amount of the agreed spousal maintenance may be amended by Agency of Family Law
The maintenance amount may be specified/amended by Agency of Family Law.
(If this box is ticked, please proceed to section 2.)
(Should you wish for the maintenance amount to be specified by Agency of Family Law, please send an
application for this along with this petition. The application form for spousal maintenance is available from Agency
of Family Law website www.familieretshuset.dk or by contacting Agency of Family Law.
1.3 Maintenance amount (to be completed only when there is a maintenance obligation)
The spouses define the amount of the spousal maintenance (enclose a copy of any such agreement)
1.2 Maintenance payment period (only used if both spouses agree that spouse 1 and/or spouse 2 has a maintenance
obligation)
2. If the home is jointly rented
(only if you cohabit in a rented property, refer to the leaflet "Getting Divorced")
We do not agree on this term
We both agree on the following term
Rented property address:
passes to:
Spouse 1
Spouse 2
No one
the divorce or from
3. Mediation
We wish mediation by a priest
4. Additional choice of negotiation of divorce conditions/meeting (fee DKK 1,630)
Agency of Family Law will call for a meeting if one spouse requests it or if the conditions for separation or divorce
have not been met.
Spouse 1 wishes to negotiate divorce conditions
5. Free choice of meeting place
(To be completed only if both or either of you chooses the additional negotiation of conditions)
If you have opted for the negotiation of conditions or if your case otherwise requires that you and the other party to the case
attend a meeting at Agency of Family Law, you are, if in agreement, free to choose which of the nine departments of Agency
of Family Law should review your case.
If you do not list any preference, the case will as a general rule be created in the department
closest to your place of residence.
Below you can choose in which department you wish to attend any potential meeting:
Copenhagen Agency of Family Law
Nykøbing F. Agency of Family Law
Odense Agency of Family Law
Ringkøbing Agency of Family Law
Ringsted Agency of Family Law
Rønne Agency of Family Law
Aabenraa Agency of Family Law
Aalborg Agency of Family Law
Aarhus Agency of Family Law
Aarhus Agency of Family Law
Aalborg Agency of Family Law
Aabenraa Agency of Family Law
Rønne Agency of Family Law
Ringsted Agency of Family Law
Ringkøbing Agency of Family Law
Odense Agency of Family Law
Nykøbing F. Agency of Family Law
Copenhagen Agency of Family Law
Spouse 2:
Spouse 1:
Spouse 2 wishes to negotiate divorce conditions
About section 163 of the Criminal Code
Pursuant to section 163 of the Criminal Code, a person who gives a false written statement for use in legal matters that
concern the authorities is punishable by a fine or imprisonment of up to 4 months.
Civil registration no:
Civil registration no:
Civil registration no:
Civil registration no:
Full name:
Full name:
Full name:
Full name:
If the child was born outside Denmark, please enclose documentation proving the child to be a child of the marriage (birth,
name or baptismal certificate).
After a divorce you still have joint custody of the children of the marriage.
See the supporting notes for guidance on the following page.
Children under the age of 18
To be completed only if there are any children of the marriage, including adopted children
7. Signatures
I declare that the information I have given is true and that I understand that giving false information is a punishable offence,
cf. section 163 of the Danish Criminal Code.
6. Fee
A divorce fee of DKK 650 is charged. If you have opted for negotiation of conditions, the total fee is DKK 2,280.
The fee shall be paid into sort code 0216 and account number 4069175392.
Remember to quote your civil registration number in the message text.
The Danish Marriage Act does not allow a refund of the fee should the conditions for granting separation or
divorce not be fulfilled.
Signature of spouse 1:
Date:
Signature of spouse 2:
Date:
Guidance notes
Custody
As a general rule the joint custody continues after separation and divorce.
You do not have to take any action if you both wish to continue sharing the custody.
If you both agree to discontinue joint custody after separation and divorce and you both agree on who should have the sole
custody, you can register a child custody agreement with Agency of Family Law. You need to complete a specific form which
is available from Agency of Family Law website www.familieretshuset.dk. It can also be obtained from Agency of Family Law.
If you do not agree on the child custody, Agency of Family Law will call you to one or more meetings for the purpose of
reaching an agreement. If agreement is not reached, Agency of Family Law can bring the case before the court on request.
Residence of the child
The parents can agree between themselves where the child should live. A child residence agreement can be enforced
through the bailiff's court if the agreement explicitly provides that it can form the basis for enforcement.
If you have joint custody of the child, but do not agree about the child’s residence, Agency of Family Law will summon you to
one or more meetings for the purpose of reaching an agreement. If agreement is not reached, Agency of Family Law can
bring the case before the court on request.
Contact
The parents can agree between themselves how contact with the child should be arranged. A contact agreement can be
enforced through the bailiff's court if the agreement explicitly provides that it can form the basis for enforcement.
If the parents do not agree on contact with the child, Agency of Family Law can decide how the contact should be arranged.
This also applies in cases of joint custody.
Child welfare counselling and mediation
Agency of Family Law offers to assist parents who disagree on child contact, custody and/or residence in finding a solution,
e.g. through mediation or child welfare counselling. Refer to the leaflet “Med barnet i centrum”, which is available from
Agency of Family Law or www.familieretshuset.dk.
Child maintenance, child benefits and family allowance
Parents have an obligation to support their children until they reach the age of 18. The parents can agree between
themselves how the support of the child should be arranged. Agency of Family Law can decide how this should be arranged
on request.
The parent who lives alone with the child can apply for ordinary or extraordinary child benefits from the local authority.
As a general rule the family allowance is payable to the mother of the child. The father of the child can file a request with the
local authority to receive payment of the family allowance if he meets the relevant conditions.
Request
For practical reasons, please register any agreement on change of custody if applicable, or attach any request for a decision
on residence, custody, contact or child maintenance to the petition for divorce or separation if applicable.
Forms
Custody, contact and child maintenance forms are available from Agency of Family Law website at www.familieretshuset.dk.
Processing of personal data
Agency of Family Law handles and processes personal data electronically. The General Data Protection Regulation is
therefore in effect in regards to all processing of any kind in Agency of Family Law. If you would like further information, you
can visit the following page www.familieretshuset.dk/persondata
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Petition for divorce without prior separation

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Completed 15 January 2021

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