Legal issues Denmark

General Conditions for Entering a Marriage

Age: Both partners must be over 18 years old.

Marital Status: Both partners must be unmarried. If one of the partners has been previously married, documents of dissolution of the previous marriage must be provided.

Family Ties: Marriage between close relatives is prohibited.

Legal Capacity: If one of the partners is under guardianship, the guardian's consent for marriage is required.

 

To submit an application for marriage registration in Denmark, the following documents are required:

- Valid Passport: Both partners must provide valid passports.

- Visa or Residence Permit: If required, a valid visa or residence permit for Denmark or another Schengen Country must be provided.

- Documents of Previous Marriage Dissolution: If one of the partners has been previously married, a divorce certificate or a death certificate of the former spouse must be provided.

- Birth Certificates of Common Children: If the couple has common children, their birth certificates must be provided.

Please note that since 2019, it is generally not required to provide a birth certificate or a marital status certificate for marriage registration in Denmark.

 

Application Submission

The application for marriage registration is submitted to the Agency of Family Law. It can be submitted online through the official website (https://familieretshuset.dk/en/your-life-situation/your-life-situation/international-marriages/if-you-wish-to-get-married-in-denmark).

 

When submitting the application, a government fee must be paid. After submitting the application and paying the fee, the Agency of Family Law will review your application and, if all conditions are met, issue a certificate of capability to marry. This certificate is valid for 4 months from the date of issuance.

 

Place of Ceremony

Various options are available in Denmark:

- City Halls: Many couples choose to register their marriage in city halls, such as the Copenhagen City Hall.

- Outdoor Venues: It is possible to organize a ceremony outdoors in scenic locations.

- Private Venues: You can also invite a registrar to conduct the ceremony at your chosen location.

 

Recognition of Marriage in Other Countries

A marriage concluded in Denmark is generally recognized in most countries. However, it is recommended to check the requirements of your country of residence or citizenship regarding the recognition of a marriage concluded abroad in advance.

 

Additional Recommendations

Document Translation: If your documents are not in English, German, Danish, or another Scandinavian language, translation and notarization will be required.

Consultation with a Lawyer: If you have specific questions or circumstances, it is recommended to seek advice from a lawyer specializing in family law in Denmark.

Registration Deadlines

The registration must be completed within 14 days of the child's birth.

 

Registration Procedure

 

Automatic Registration: If the birth occurred in a hospital or with the assistance of a midwife, medical staff will transmit the birth information to the local parish where the registration takes place.

 

Self-registration: In cases where medical personnel did not attend the birth, parents must:

Fill out the birth notification form: The form is available on the website (https://www.borger.dk/familie-og-boern/foedselsregistrering).

Provide the necessary documents:

- Birth Certificates of the Parents.

- Marriage Certificate (if applicable).

Send the documents to the local parish: The address can be found on [Sogneportalen](https://sogn.dk/).

 

Allocation of Personal Identification Number (CPR)

After registration, the child is allocated a unique personal identification number (CPR), which is used for identification across various governmental systems.

 

Birth Certificate

After registration, parents can request a birth certificate through:

Online Request: Using MitID on borger.dk.

In-person Request: At the local parish or municipality.

 

Registration of Paternity

If the parents are not married, it is necessary to acknowledge paternity:

Declaration of Responsibility and Care: can be completed online via borger.dk.

Submission Deadline: within 14 days of the child's birth.

 

Child's Name Registration

The child's name must be registered within 6 months from birth. Registration of the name can be done through:

- Church baptism: if the family belongs to the Church of Denmark.

- Civil registration: through a local parish or municipality.

 

Additional Recommendations

Foreign citizens: if the parents are foreigners, it is recommended to contact their country's embassy for information on dual citizenship and other legal aspects.

 

Attention:

In Denmark, a local parish (sogn) is a territorial unit associated with the Church of Denmark, which performs both religious and administrative functions. Parishes are organized around a church serving a specific geographic community.

 

Functions of a Local Parish

Historically, parishes played a key role in recording vital events, and today many of these responsibilities remain with them.

The local parish is responsible for organizing worship services, church ceremonies, and pastoral care for its parishioners.

Administrative Support: Although population registration in Denmark is also carried out through civil municipal agencies, parishes often participate in the registration processes of births, marriages, and deaths.

 

Why are Parishes Important for Birth Registration?

Even if a family does not belong to the Church of Denmark, parishes play an important role in the registration of life events, as they are closely linked with the national population register. Parishes transmit the data to the state registry where the child is assigned a unique CPR number.

 

How to Find Your Local Parish?

You can find your local parish in Denmark through [Sogneportalen](https://sogn.dk/) by entering your address.

 

Relation to Religion

It is important to note that registration through a parish does not require religious affiliation. It is more of an administrative procedure, which is a part of the traditional population management system in Denmark.

Starting a business in Denmark is a process that requires compliance with certain legal procedures.

 

Choosing a Legal Form

The first step is to select the appropriate legal form for your business. The following main forms are available in Denmark:

- Sole Proprietorship;

- Private Limited Company (ApS);

- Public Limited Company (A/S).

 

Preparing the Necessary Documents

Depending on the selected business form, you will need the following documents:

Sole Proprietorship:

- Valid passport or ID.

- Danish CPR number (personal identification number).

- ApS or A/S:

- Articles of incorporation.

- Company bylaws.

- Proof of deposit of share capital.

 

Business Registration

To register a business, you need to obtain a CVR number (Central Business Register). The registration procedure depends on whether you have a Danish digital identifier (MitID):

- With MitID: Use the online service [Start virksomhed](https://businessindenmark.virk.dk/authorities/stat/ERST/self-service/Start_company/). Fill out the required forms and provide the requested information.

- Without MitID: Use the form [Registration of Non-Danish Company – Start - 40.112](https://businessindenmark.virk.dk/authorities/stat/ERST/self-service/Registration_of_Non-Danish_Company__Start_-_40112/Guide-to-register-non-danish-company/). Fill out the form and send it to the Danish Business Authority.

 

Tax Registration

After obtaining the CVR number, you must register with the tax authorities for VAT (if applicable) and other taxes. This can be done through TastSelv Erhverv.

 

Opening a Bank Account

To operate a business in Denmark, it is recommended to open a corporate bank account. This requires providing company registration documents and identification of the owners.

 

Additional Permits and Licenses

Depending on your business's field of activity, you may need to obtain additional permits or licenses. Detailed information can be found on Business in Denmark.

 

Employer Obligations

If you plan to hire employees, you need to register as an employer and comply with Danish labor laws. This includes paying social contributions and payroll taxes.

It is recommended to use the services of a professional accountant to ensure compliance with all requirements.

In Denmark, notarial functions are performed by lawyers authorized to perform notarial acts. Foreign citizens residing or staying in Denmark can use notarial services to formalize various legal documents.

 

Finding a notary

To find a notary in Denmark, it is recommended to use the online resource Advokatnøglen, which provides information about all Danish lawyers. You can find lawyers specializing in notarial services on the website (https://www.advokatnoeglen.dk/).

 

Language features

Most Danish notaries speak English, which facilitates communication for foreigners. However, if you prefer to communicate in another language, it is recommended to find a notary who speaks that language or to engage a translator.

 

Notaries in Denmark provide a wide range of services, including:

- Certifying transactions (contracts, wills, powers of attorney).

- Certifying the authenticity of signatures on documents.

- Certifying true copies of documents and excerpts from them.

- Certifying the fact of a citizen being in a certain place.

 

Please note that some notarial acts related to real estate may require additional procedures.

 

Required documents

 

To obtain notarial services, foreigners need to provide:

- A valid passport or ID card.

- Residence permit or visa (if applicable).

- Documents to be notarized.

 

Depending on the specific service, additional documents may be required.

 

Apostille and legalization

If the notarized documents are intended for use outside Denmark, an apostille may be required. The procedure for obtaining an apostille is carried out by the Ministry of Foreign Affairs of Denmark.

 

Consular notarial services

Foreign citizens can also contact their country's consulates in Denmark to obtain notarial services.

Types of divorce

 

In Denmark, there are two main ways to dissolve a marriage:

Separation: legal recognition that spouses live separately. This is usually a preliminary step before a final divorce.

Immediate divorce: possible by mutual consent or under certain circumstances such as infidelity, violence, or two years of separation.

 

Filing an application

Spouses can file a joint application for divorce through the Family Law Agency on the official website www.familieretshuset.dk. To do this, you need to:

- Have a valid NemID or MitID.

- Fill out the online application form.

- Pay the state fee.

 

Filing an application by one spouse

If the consent of the second spouse is not obtained, one of the spouses can file an individual application. In this case, the process may take longer and may require court involvement.

 

If the couple has children under 18, additional requirements apply:

Reflection period: a mandatory three-month period during which spouses can reconsider their decision.

Mandatory course "Cooperation after Divorce": an online course aimed at helping parents manage joint responsibilities after divorce.

 

Mediation and consultation

In cases where spouses cannot agree on the terms of the divorce, the Family Law Agency offers mediation services. The goal of mediation is to help parties reach a mutually acceptable agreement on child custody, division of property, and financial obligations.

 

Division of property

 

Marital property: by default, it is subject to equal division between spouses.

Marriage contract: if available, the division of property is carried out in accordance with its terms.

Debts and obligations: are also subject to division or distribution between spouses.

 

International aspects

If one or both spouses are foreign citizens or reside outside of Denmark, additional rules may apply:

Jurisdiction: it is important to determine whether Denmark has the right to consider the divorce case.

Recognition of divorce abroad: ensure that a divorce finalized in Denmark will be recognized in the country of origin.

 

Completion of the process

After fulfilling all requirements and agreeing on terms, the Family Affairs Agency will issue a divorce certificate. This document serves as official confirmation of the dissolution of marriage.

 

Useful resources

Familieretshuset: www.familieretshuset.dk.

Legal assistance: it is recommended to consult a lawyer specializing in family law for personalized advice.

Private law firms

Many law firms in Denmark offer services in various languages, including Russian.

 

Legal support centers

Provide consultations on Danish law on various legal issues, including family and immigration law, consumer rights, and labor law.

 

Online resources and communities

There are groups on social media where legal advice can be obtained.

 

Government services

The Danish Agency for International Integration and Immigration provides information and support on immigration, visas, and citizenship issues. The agency's official website is available in several languages and contains detailed instructions and forms for filing applications (www.nyidanmark.dk).

 

Consular institutions

The embassies and consulates of your country in Denmark can provide legal assistance or direct you to relevant specialists.

 

Free legal aid

In Denmark, there are organizations that provide free legal consultations for low-income individuals. Juridisk Rådgivning is one such organization offering help on a wide range of legal issues.

 

Immigration consultants

If you require assistance with immigration issues, there are specialized consultants who can provide information on political asylum, business immigration, and document preparation.

Choosing a qualified translator

Denmark does not have an official system of sworn translators. However, to ensure the quality of the translation, it is recommended to contact professional translators or translation agencies experienced in translating official documents. Some translators may be members of professional associations, confirming their qualifications.

 

Notarial certification of the translation

After completing the translation, it must be notarized. The procedure includes the following steps:

- Translator's signature: the translator signs the translation, confirming its accuracy.

- Notarial certification: a notary certifies the translator's signature, confirming their identity and qualification.

This certification gives legal force to the translation in Denmark.

 

Affixing an apostille

If the translated document is intended for use outside Denmark, an apostille may be required. In Denmark, the apostille is issued by the Ministry of Foreign Affairs.

 

Legalization of documents

For countries not party to the Hague Convention, consular legalization may be required. The procedure includes certifying the document at the Ministry of Foreign Affairs of Denmark, then at the consulate of the country where the document will be used.

 

Translation bureau services

Many translation agencies in Denmark offer comprehensive services, including translation, notarial certification, and affixing an apostille.

 

Recommendations

Check requirements: before starting the process, clarify the requirements of the receiving side regarding the translation and certification of documents.

Structure of the judicial system

 

Lower courts: Denmark has 24 district courts that handle most civil and criminal cases in the first instance. They also deal with issues of inheritance, bankruptcy, and real estate registration.

 

Appellate courts: there are two appellate courts — the Eastern High Court in Copenhagen and the Western High Court in Viborg. They hear appeals from district courts and some cases in the first instance.

 

Supreme Court: is the highest judicial authority located in Copenhagen. The Supreme Court hears appeals on decisions of appellate courts and ensures uniformity in judicial practice.

 

Features of the Judicial System

 

Judicial independence: judges are appointed for life and can only be removed from office by a decision of a special court.

 

No specialized courts: Denmark does not have separate courts for constitutional or administrative cases. All matters are heard within the general judicial system.

 

Jury participation: in some criminal cases, jurors are used, ensuring citizen participation in the administration of justice.

 

Openness principle: court sessions are generally open to the public, contributing to the transparency of the judicial process.

 

The Danish judicial system strives to ensure access to justice for all citizens and residents of the country, guaranteeing the protection of their rights and freedoms.

The purchase of real estate in Denmark by foreign citizens is accompanied by a number of legal aspects that must be considered for the successful completion of the transaction.

 

Restrictions for foreign buyers

 

Danish law sets certain restrictions for foreign citizens when acquiring real estate:

 

- Residence permit or long-term residence: foreigners must have a residence permit in Denmark or reside in the country for at least five years.

 

- Ministry of Justice permission: in some cases, a special permission from the Danish Ministry of Justice is required to purchase real estate.

 

Purchase Procedure

 

Property search: choosing suitable real estate considering location, price, and condition.

 

Preliminary contract: after agreeing on terms with the seller, a preliminary contract is signed, containing the main terms of the transaction.

 

Deposit: usually amounts to 10% of the property's cost and is made after signing the preliminary contract.

 

Legal check: it is recommended to hire a lawyer to check the legal purity of the transaction and documents.

 

Final contract: after all checks are completed, the final purchase agreement is signed.

 

Registration of ownership rights: the agreement is registered in the Land Registry, confirming the transfer of ownership rights.

 

Taxes and fees

 

Registration fee: amounts to 0.6% of the property's value plus a fixed amount.

 

Property tax: an annual tax, the amount of which depends on the cadastral value of the property and its location.

 

Legal services: payment for lawyer services accompanying the transaction.

 

It is recommended to seek professional legal advice to ensure the legality and safety of the transaction.

Guardianship

Guardianship is established to protect the interests of minors or individuals declared incapacitated.

- Appointment of a guardian: usually, a close relative or trusted person is appointed as a guardian. The decision is made by the state authority Statsforvaltningen.

- Responsibilities of a guardian: a guardian is responsible for the personal and property interests of the ward, including making decisions about healthcare, education, and managing property.

- Control: the guardian’s activities are monitored by state authorities to prevent abuse.

 

Adoption

Adoption in Denmark is a complex process aimed at ensuring the best interests of the child.

Requirements for adoptive parents:

- Age: the adoptive parent must be at least 25 years old.

- Marital status: both single individuals and married couples can adopt a child.

- Health and financial status: the adoptive parent must have good health and a stable financial position.

 

Adoption procedure:

Application submission: the application is submitted to Statsforvaltningen.

Evaluation: an evaluation of living conditions, motivation, and ability to ensure the child’s well-being is conducted.

Training: adoptive parents undergo mandatory training courses.

Decision: after a positive evaluation and completion of training, a decision on adoption is made.

 

International Adoption: Denmark is a party to the Hague Adoption Convention, which simplifies the process of international adoption. However, preference is given to national adopters.

Foreign citizens residing in Denmark can participate in guardianship and adoption processes if the following conditions are met:

Residence permit: A valid residence permit in Denmark is required.

Knowledge of language and culture: It is expected that adopters will be integrated into Danish society and able to provide the child with an understanding of local culture and language.

Compliance with Danish laws: Procedures must comply with Danish law, regardless of the adopters' citizenship.

It is important to note that in Denmark, the priority is given to the interests of the child, and all decisions are made considering the child's well-being and safety.