Cameron Miranda
Denmark recognizes both same-sex and opposite-sex marriages, which are regulated by The Marriage and Matrimonial Causes Act, The Act on Spouses' Financial Matters, and The Act on Division Spouses' Asset. To get married in Denmark, several conditions must be met, including a mandatory two-week stay in the municipality before the marriage and an appearance at a Citizen Service Center to fill out a marriage form. A certificate of marital status, divorce decree or death certificate, and other documentation are also required. However, there is no mention of common-law marriage being legally recognized in Denmark. This introduction provides an overview of the legal framework surrounding marriage in Denmark, setting the context for further exploration of the topic, Is common-law marriage legal in Denmark?
| Characteristics | Values |
|---|---|
| Common-law marriage | Not recognised |
| Marriage | Recognised between persons of the opposite and same sex |
| Registered partnership | Recognised between persons of the same sex |
| De facto cohabitation | Recognised between persons of the opposite or same sex |
| Requirements for marriage | Both parties must be at least 18 years old, capable, not related, and unmarried |
| Documents required for marriage | Certificate of marital status, divorce decree or death certificate (if previously married), guardian's consent (if one party is under guardianship) |
| Marriage applications | Must be made via the Danish Agency of Family Law |
| Marriage fee | 500 Danish Kroner for non-residents |
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What You'll Learn
Denmark's marriage requirements for foreigners
Denmark allows both same-sex and opposite-sex marriages, based on a voluntary act between two single parties who are not under 18 years old, capable, and not related. The Danish government also recognizes common-law marriages.
Foreigners can get married in Denmark, but several conditions must be met. The couple must stay in the municipality for about two weeks before the marriage. They must appear at a Citizen Service Center to fill out a marriage form and present the following documents:
- Certificate of Marital Status: from the place you were born and your present place of residence (if different). The certificate must be no older than four months and must be translated if not issued in Danish, English, or German. It must include the name, date of birth, place of birth, current address, citizenship, and marital status.
- If one or both parties have been previously married, they must present a divorce decree or death certificate.
- If one of the parties is under guardianship, they must present the guardian's consent to the marriage.
There is a fee for marriage if both parties have permanent addresses outside Denmark. Non-residents pay 500 Danish Kroner (DKK) to get married in Denmark.
Registered partnership (same-sex marriage) can only be entered if at least one person is a Danish citizen or if both have lived in Denmark with a permanent address for the last two years.
Denmark has a great infrastructure and is very welcoming to foreign visitors. Most Danes speak English, which can be helpful for international couples. However, it is important to note that changing your surname after marriage must be done in the country of legal residence, not in Denmark.
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Same-sex marriage legality
Same-sex marriage has been legal in Denmark since 15 June 2012. Denmark was the fourth Nordic country, after Norway, Sweden, and Iceland, to legalize same-sex marriage, and it was the eighth European and eleventh global country to do so.
Denmark has long been a pioneer in LGBT rights. In 1989, it became the first country in the world to legally recognize same-sex unions with the Danish Registered Partnership Act. This law offered financial security for homosexual men, allowing them to inherit from each other at a time when AIDS was a significant concern. While it was not technically a marriage, it provided same-sex couples with almost all the rights and benefits of marriage. Between 1989 and 2012, 7,491 civil unions were formed.
In 2009, legislation was introduced to grant registered partners the right to adopt children jointly, and it came into effect in 2010. This was another step towards equality, as same-sex couples were now able to enjoy the same adoption rights as opposite-sex married couples.
The push for the legalization of same-sex marriage in Denmark gained momentum in 2006 when five Social Liberal MPs introduced a resolution asking the Cabinet of Denmark to draft a gender-neutral marriage law. In 2008, the Social Liberal Party's Equality Rapporteur, Lone Dybkjær, called for the legalization of same-sex marriage. Finally, in 2012, a bill for the legalization of same-sex marriage was introduced and approved by the Folketing, receiving royal assent by Queen Margrethe II.
Today, same-sex marriage is well-accepted in Denmark, with polling indicating that a significant majority of Danes support the legal recognition of these unions. Additionally, a 2019 study by the Danish Research Institute for Suicide Prevention found that the legalization of same-sex marriage, along with other supportive policies, contributed to a significant decrease in the suicide rate among same-sex partners.
Same-sex couples in Denmark have the same rights as opposite-sex couples regarding marriage, adoption, serving in the military, changing their legal gender, donating blood, and the age of consent. Denmark's progressive laws and societal acceptance make it a leader in LGBT rights and a model for other countries working towards equality.
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The process of applying for marriage
Denmark allows both same-sex and opposite-sex marriages, and foreigners can also get married in the country. However, there are several conditions that must be met, and the process involves several steps.
Firstly, it's important to note that persons under the age of 18 cannot marry without permission from the Marriage Office. Also, persons applying for asylum cannot get married in Denmark. If either party was previously married, a final divorce decree or death certificate must be provided to prove that the previous marriage has been legally dissolved. If the previous spouse died, a death certificate must be approved before an appointment can be made. If the previous marriage ended in divorce, the divorce decree must be submitted in the original language and in a translated version if it's not in Danish, English, or German. Translations alone are not sufficient.
To initiate the marriage process, the couple must appear at a Citizen Service Center in the municipality where they plan to marry. They will need to fill out a marriage form and present certain documents, including a certificate of marital status from their place of birth and current residence (if different). This certificate must include the name, date of birth, place of birth, current address, citizenship, and marital status of both parties. It must be no older than 4 months and must be translated into Danish, English, or German if not originally issued in one of those languages.
Some documents issued by foreign countries may need to be legalised, which involves certifying and verifying their authenticity. This is done through the Interior and Exterior Ministry of the issuing country, as well as the Danish Embassy. If the issuing country is not a Hague Convention country, a different legalisation process will be required.
The Danish Agency of Family Law (AFL) handles all marriage applications and typically responds within 5 business days. However, missing or incorrect documents can cause delays of up to 2.5 months during busy periods. Therefore, it's essential to ensure that all required documents are properly prepared and submitted.
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The legality of informal unions
Denmark has a rich history of recognising the rights of couples in informal unions. Danish family and succession law acknowledge three models of couples' relationships: marriage between opposite-sex and same-sex couples, registered partnerships between same-sex couples, and de facto cohabitation between opposite-sex or same-sex couples. This recognition of de facto cohabitation, or informal unions, sets Denmark apart in terms of the legal rights it affords to couples who choose not to marry.
The legal effects of informal unions in Denmark differ from those of marriage. Financial support between partners in an informal union is not mandated, and inheritance rights are limited to cases specified in a will. However, these unions are granted certain rights and considerations in areas such as social security, compensation, taxes, and housing. This recognition of rights in specific areas sets Denmark apart from other countries that may not legally acknowledge informal unions at all.
To understand the context of informal unions in Denmark, it is essential to know the requirements for marriage. Denmark permits both same-sex and opposite-sex marriages based on a voluntary act between two unmarried individuals who are at least 18 years old, capable, and not closely related. Marriage applications must be submitted to the Danish Agency of Family Law, and various documents may be required, including certificates of marital status, divorce decrees or death certificates, and proof of lawful residence in Denmark.
In contrast to the legal requirements of marriage, informal unions in Denmark offer a level of flexibility and simplicity that may appeal to couples who prefer a less formal arrangement. While marriage provides a comprehensive legal framework for couples, informal unions in Denmark strike a balance by recognising the rights of couples who choose to live together without entering into a formal marriage contract.
In summary, Denmark's recognition of informal unions demonstrates a progressive approach to couples' rights. By affording legal effects to de facto cohabitation, Denmark ensures that couples in informal unions are not entirely excluded from the legal protections and benefits traditionally associated with marriage. This approach reflects a broader societal shift towards recognising the diversity of relationship choices and the evolving nature of family structures.
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The Danish Marriage Act
Denmark allows both same-sex and opposite-sex marriages, which are regulated by The Marriage and Matrimonial Causes Act, The Act on Spouses' Financial Matters, and The Act on Division Spouses' Asset. The Danish Marriage Act requires that applicants obtain a Certificate of Marital Status, which verifies that they meet the requirements set out in the Act. This certificate must be obtained either through the Agency of Family Law or the local municipality, depending on the couple's nationalities and basis for residence in Denmark.
Marriage in Denmark is a voluntary act between two single parties who are not under 18 years old, capable, and not related. Persons under the age of 18 may not contract marriage without permission from the Marriage Office. Additionally, persons who are applying for asylum cannot get married in Denmark. There is a fee for marriage if both parties have permanent addresses outside of Denmark. Non-residents pay a fee of 500 Danish Kroner (DKK) to get married in Denmark.
To get married in Denmark, couples must typically stay in the municipality for about two weeks before the marriage and appear at a Citizen Service Center. They will need to fill out a marriage form and present it along with the required documents, which may include:
- Valid passports with an expiry date at least 6 months beyond the ceremony date
- A valid residence permit if not living in the country of citizenship
- A valid Schengen Visa if there is no visa-free entrance to the Schengen Zone
- Original full and final divorce decree, legalised according to the Hague Convention, if previously divorced
- Death certificate of a previous spouse, if applicable
- Certificate of marital status from the place of birth and present place of residence, translated into Danish, English, or German if not issued in these languages
It is important to note that Denmark recognises three models of couples' relationships: marriage, registered partnership, and de facto cohabitation. Registered partnerships between same-sex couples have been recognised since Act No. 372 of 7 June 1989, and same-sex marriage has been legal since Act No. 532 of 6 June 2012. Informal unions or de facto cohabitation have different legal effects than marriages, with no financial support provided and inheritance rights based only on a specific will.
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Frequently asked questions
No, common-law marriage is not legal in Denmark. Danish family and succession law regulate three models of couples' relationships: marriage, registered partnership, and de facto cohabitation. De facto cohabitation, or informal unions, have different legal effects than marriages.
To get married in Denmark, you must be 18 or older, single, and lawfully residing in Denmark. You must also apply for a certificate of marital status from the Agency of Family Law or your municipality, depending on your nationality and residence status. If you have been previously married, you must provide a final divorce decree or death certificate.
Yes, it is possible for foreigners to get married in Denmark. However, there are certain requirements that must be met, such as staying in the municipality for about two weeks before the marriage and appearing at a Citizen Service Center to fill out a marriage form and present the necessary documents.
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